Consolidated Coal Co. v. Board of Trustees
Michigan Supreme Court
Case-made from Saginaw; Gage, J. Assumpsit by the Consolidated Coal Company, a foreign corporation, against the board of trustees of the Michigan Employment Institution for the Blind, for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error. Act No. 107 of the Public Acts of 1873 (3 Comp.
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Case-made from Saginaw; Gage, J. Assumpsit by the Consolidated Coal Company, a foreign corporation, against the board of trustees of the Michigan Employment Institution for the Blind, for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error. Act No. 107 of the Public Acts of 1873 (3 Comp. Laws, sections 11384, 11385), is entitled “An act to prohibit officers of public institutions from being interested in contracts made therewith, and to prevent bribery,” and it reads: “Section 1. The People of the State of Michigan enact, that no trustee, inspector,…
1Opinion of the CourtOstrander, J.
(after stating the facts). If we regarded the statute which is invoked by the attorney general as merely affirmatory of a rule developed by the courts, we should be obliged to consider the limitations of the rule which the courts have recognized, some of which are stated and discussed in the briefs. We do not regard the statute as merely putting in form of positive law a rule developed by courts, but as a legislative rule, founded in public policy, the plain effect of which courts are not at liberty to deny or to amend. In this view, a very simple question is presented, namely: Was the sale…
2Cited by5 opinions
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