Legal Opinion

Simons v. Ypsilanti Paper Co.

Michigan Supreme Court

Decided October 25, 1889PublishedCited by 5 opinions

Error to Washtenaw. (Kinne, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion.

1Opinion of the CourtMorse, J.

October 12, 1885, the firm of S. Simons & Son, of Detroit, Michigan, contracted to sell and deliver rags to the defendant, which contract is evidenced by the following memorandum in the handwriting of Cornelius Cornwell, president of the defendant company:

“Oct. 12, 1885. Bought of S. Simons & Son, 300 tons rags at $2.06, delivered at Ypsilanti, 3 months" time; one car to be shipped this month, and 25 tons per month until the whole is shipped, the last shipment to be made about Oct. 10, 1886. Rags to be as good or better than what he has furnished us in 1885.”

Under this contract, and up to May…

2Cases cited1 opinion

  1. Stewart v. AshleyMichigan Supreme Court · 1876

3Cited by5 opinions

  1. McCall Co. v. JacobsonMichigan Supreme Court · 1905
  2. Smith v. PickandsMichigan Supreme Court · 1907
  3. Pape v. FergusonIndiana Court of Appeals · 1902
  4. Frank Bros. v. Far StoreOhio Court of Appeals · 1923
  5. Wyandotte Portland Cement Co. v. BrunerMichigan Supreme Court · 1907

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