Haughton Elevator & Machine Co. v. Detroit Candy Co.
Michigan Supreme Court
Error to Wayne; Bohnert, J. Case by the Haughton Elevator & Machine Company against the Detroit Candy Company, Limited, for breach of a contract for the installation and repair of certain elevators. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff is a foreign corporation, with its plant and offices at Toledo, Ohio. Its business is the manufacture, construction, and installation of freight and passenger elevators.
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Error to Wayne; Bohnert, J. Case by the Haughton Elevator & Machine Company against the Detroit Candy Company, Limited, for breach of a contract for the installation and repair of certain elevators. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff is a foreign corporation, with its plant and offices at Toledo, Ohio. Its business is the manufacture, construction, and installation of freight and passenger elevators. It maintains no office in this State. The defendant is a partnership association, limited, under the laws of Michigan, and…
1Opinion of the CourtGrant, J.
(after stating the facts). In determining whether the contract sued upon described a business to be carried on within this State, and therefore within the prohibition of the statute, or whether it involved the business of interstate commerce, the contract must be construed as a whole. It is indivisible. Plaintiff agreed to install a new elevator, which, under its evidence, would require about two weeks to install after the elevator and the necessary appliances were shipped to Detroit. By the same contract it also agreed to repair another elevator, which would take about a week’s time. One…
2Cases cited4 opinions
- Milan Milling, etc., Co. v. GortenTennessee Supreme Court · 1894
- Rough v. BreitungMichigan Supreme Court · 1898
- Pittsburgh Const. Co. v. West Side Belt R.Court of Appeals for the Third Circuit · 1907
- Hastings Industrial Co. v. MoranMichigan Supreme Court · 1906
3Cited by19 opinions
- Puffer Manufacturing Co. v. KellySupreme Court of Alabama · 1916
- Imperial Curtain Co. v. JacobMichigan Supreme Court · 1910
- Transit Bus Sales v. Kalamazoo Coaches, Inc.Court of Appeals for the Sixth Circuit · 1944
- Power Specialty Co. v. Michigan Power Co.Michigan Supreme Court · 1916
- Standard Fashion Co. v. CummingsMichigan Supreme Court · 1915
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