Stearns v. Grand Trunk Railway Co.
Michigan Supreme Court
Error to Oakland; Smith, J. Assumpsit by Charles T. Stearns and Edgar E. Stearns, copartners as Stearns Brothers, against the Grand Trunk Railway Company for the amount of a sight draft attached to a bill of lading. There was judgment for plaintiffs, and defendant brings error.
1Opinion of the CourtBrooke, J.
This case has already been before this court. See Stearns v. Railway Co., 148 Mich. 271. The statement of facts contained therein was sufficient for the determination of the matters raised by that record. It is necessary, however, to supplement it for the purpose of determining the matters in issue now before the court.
Plaintiffs were manufacturers of lumber at Pontiac, Mich., and made a contract with Scranton & Co., of Detroit, for the sale of certain lumber to be thereafter cut, at an agreed price per thousand. The contract between the parties was that, when the lumber was cut, Scranton…
2Cases cited4 opinions
- Adams Mining Co. v. SenterMichigan Supreme Court · 1872
- Whitcomb v. WhitneyMichigan Supreme Court · 1872
- Webster v. AndersonMichigan Supreme Court · 1880
- Stearns v. Grand Trunk Railway Co.Michigan Supreme Court · 1907
3Cited by1 opinion
- Tupman Thurlow Co., Inc. v. CookAppellate Court of Illinois · 1951