Legal Opinion

Stearns Salt & Lumber Co. v. Dennis Lumber Co.

Michigan Supreme Court

Decided September 28, 1915No. Docket No. 113PublishedCited by 7 opinions

Error to Kent; Perkins, J. Assumpsit by the Stearns Salt & Lumber Company against the Dennis Lumber Company, a corporation, in justice’s court, for goods sold and delivered. From a judgment for defendant plaintiff appealed to the circuit court. Judgment for defendant on directed verdict. Plaintiff brings error.

1Opinion of the CourtKuhn, J.

On December 29, 1911, the defendant company placed an order with the plaintiff company by telephone for two car loads of a certain grade of *701lumber, and followed this by letter confirming the same, which read as follows:

“Dennis Lumber Company.
“Grand Rapids, Mich., 12-29-11.
“Stearns Salt & Lumber Company,
“Ludington, Mich.
“Gentlemen:
“Confirming conversation over the phone the other evening with Mr. Holland, at which time he booked our order for the two more cars of 4 in. No. 4 pine crating strips D2S to % in., to be same quality as the last shipped us, we wish to inquire as to how soon you will…

2Cases cited5 opinions

  1. Richards v. ShawIllinois Supreme Court · 1873
  2. George D. Sisson Lumber & Shingle Co. v. HaakMichigan Supreme Court · 1905
  3. Canton Lumber Co. v. LillerCourt of Appeals of Maryland · 1908
  4. Columbus & Hocking Coal & Iron Co. v. SeeMichigan Supreme Court · 1912
  5. McFadden v. George C. Wetherbee & Co.Michigan Supreme Court · 1886

3Cited by7 opinions

  1. Webster v. HarrisOregon Supreme Court · 1950
  2. Equitable Trust Co. v. Delaware Trust Co.Court of Chancery of Delaware · 1947
  3. B. F. Sturtevant Co. v. LeMars Gas Co.Supreme Court of Iowa · 1920
  4. Regent Waist Co. v. O. J. Morrison Department Store Co.West Virginia Supreme Court · 1921
  5. Rubin v. Crowley, Milner & Co.Michigan Supreme Court · 1921

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