Legal Opinion

Harbauer-Marleau Co. v. Thwing

Michigan Supreme Court

Decided March 13, 1911No. Docket No. 161Published

Appeal from Kent; McDonald, J. Bill by the Harbauer-Marleau Company against George S. Thwing for specific performance. From an order granting an interlocutory injunction to restrain defendant from disposing of the property involved in the proceedings, and from the refusal, on motion, to dissolve the injunction, defendant appeals.

1Opinion of the CourtOstrander, C. J.

Complainant asked for a decree requiring specific performance of the following agreement, and, pending final decree, for an injunction restraining the sale or removal of the pickles:

“Chicago, ILL., May 25, 1910.
“Pickle Contract.
“The West Michigan Pickle Works of Grand Rapids, Mich., sells to the Harbauer-Marleau Co., of Toledo, Ohio, the product of their salting station, consisting of about 75 acres of pickles as follows: — Yat Run and Large Pickles. The Yat Run Pickles to measure 4 inches and under in length and count to be 4,500 or better to six *43bushels. Large Pickles to measure about 4…

2Cases cited3 opinions

  1. Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
  2. Webber v. RandallMichigan Supreme Court · 1891
  3. Schmelzer v. Bartlett Illuminating Co.Michigan Supreme Court · 1905

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