Niman v. Story & Clark Piano Co.
Michigan Supreme Court
Error to Wayne; Dingeman (Harry J.), J. Assumpsit in justice’s court by Mack Niman against the Story & Clark Piano Company for money had and received. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for defendant on a directed verdict. Plaintiff brings error.
1Opinion of the CourtWiest, J.
January 23, 1917, the plaintiff entered into a written agreement with defendant under which he agreed to pay $475 for a piano, and at that time paid $340, the balance to be paid in monthly payments of $10.. The piano was delivered to plaintiff but title thereto retained by defendant until the piano was fully paid for, and it was agreed in case of default in payment the whole sum remaining unpaid might, at defendant’s option, become immediately due and payable without notice or demand, and upon request plaintiff was to deliver the instrument to defendant and in case of his failure to do so…
2Cases cited8 opinions
- Downey v. RiggsSupreme Court of Iowa · 1897
- F. J. Dewes Brewery Co. v. MerrittMichigan Supreme Court · 1890
- Van Den Bosch v. BouwmanMichigan Supreme Court · 1904
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Perkins v. GrobbenMichigan Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re William Terrell and Tammy Terrell, Debtors. William Terrell and Tammy Terrell v. Eugene Albaugh, United States of America, IntervenorCourt of Appeals for the Sixth Circuit · 1989
- Burroughs Adding MacHine Co. v. WieselbergMichigan Supreme Court · 1925
- Security Investment Co. v. MeisterMichigan Supreme Court · 1921
- West American Finance Co. v. FinstadWashington Supreme Court · 1928
- Contractors Equipment Co. v. ReasnerMichigan Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.