Habicht v. Gallagher
Michigan Supreme Court
Error to Wayne; Murfin, J. Assumpsit by Frank E. Habicht and others, copartners as Habicht, Braun & Company, against Frank Gallagher and others, copartners as E. B. Gallagher & Company, for breach of a contract of sale. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendants on writ of error.
1Opinion of the Court
Moore, 0. J.
The plaintiffs are importers and jobbers in confectioner’s supplies and fruits, having their place of business in New York. The defendants are engaged in a confectioner’s supply business in Detroit.
About May 14, 1907, plaintiffs, through their agent, Frank Gruber, received from defendants an order for goods, among which were 10 cases of fancy Bigarreaux cherries:
This order is subject to goods being in stock on the day of shipment promised.
10 c/s Fancy Bigarreaux..............................26
2 c/s on arrival______________________________________
6 c/s before Dec. 1st,…
2Cases cited3 opinions
- Holland v. ReaMichigan Supreme Court · 1882
- Kupfer v. Michigan Clothing Co.Michigan Supreme Court · 1905
- McFadden v. George C. Wetherbee & Co.Michigan Supreme Court · 1886
3Cited by3 opinions
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- H. H. King Flour Mills Co. v. Bay City Baking Co.Michigan Supreme Court · 1927
- Interstate Grocer Co. v. Colorado Milling & Elevator Co.Supreme Court of Arkansas · 1940