Bollenbacher v. Reid
Michigan Supreme Court
Error to Wayne; Rohnert,~J. Assumpsit by George W. Bollenbacher against Edward W. Reid and Wallace B. Reid, copartners as E. W. Reid & Co., for breach of contract for the sale of certain stone. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. The plaintiff is a contractor and broker, residing in Bloomington, Ind., dealing in Bedford stone.
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Error to Wayne; Rohnert,~J. Assumpsit by George W. Bollenbacher against Edward W. Reid and Wallace B. Reid, copartners as E. W. Reid & Co., for breach of contract for the sale of certain stone. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. The plaintiff is a contractor and broker, residing in Bloomington, Ind., dealing in Bedford stone. Defendants are contractors and builders, who had secured a contract for the erection of a court-house and jail in the city of Flint, Mich. The contract called for the use of Bed-ford stone. Plaintiff claims…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. That the defendants intended by thoir telegram to accept a definite *282proposition made by plaintiff to them is beyond doubt. They did not say:
“We accept or will accept one of your two propositions.”
Such a telegram would have been absurd. They said:
“We accept your bid for cut stone for court-house and jail here.”
That telegram of acceptance referred only to one proposition, and was clearly intended to be so understood by the plaintiff. Both understood the proposition to which it referred. This is evidenced by the terms of the letter of plaintiff and the telegram of…
2Cases cited9 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Lamont v. LeFevreMichigan Supreme Court · 1893
- Stange v. WilsonMichigan Supreme Court · 1868
- Culton v. GilchristSupreme Court of Iowa · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Atlantic Terra Cotta Co. v. Chesapeake Terra Cotta Co.Supreme Court of Connecticut · 1921
- Emery v. EmeryMichigan Supreme Court · 1914
- Stuart v. Home Telephone Co.Michigan Supreme Court · 1910
- Athol Manfg. Co. v. Briscoe Motor Corp.Michigan Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.