Legal Opinion

Summers v. Wagner

Michigan Supreme Court

Decided July 28, 1891PublishedCited by 4 opinions

Error to Montcalm. (Smith, J.) Assumpsit. Defendants bring error. Judgment entered in Supreme Court for a portion of the claim for .which plaintiff had judgment below. The facts are stated in the opinion.

1Opinion of the CourtMorse, J.

This cause was tried before Hon. V. H. Smith, judge of the Montcalm circuit court, without a jury, who rendered judgment for the plaintiff in the sum of $353.25.

The facts as found by the circuit judge are substantially as follows: February 5, 1889, the plaintiff and defendants entered into the following written contract:

“ Sheridan, Mich.,- February 5, 1889.
“I hereby sell to G. N. Wagner & Bro., Grand Rapids, Mich., the cut of Pitcher’s mill from February 1 to July 1, 1889, white pine shingles, to be 5 butts two and a quarter and 10 inches long; the XXXX to be strictly clear and free from all…

2Cited by4 opinions

  1. Giddings v. Iowa Savings BankSupreme Court of Iowa · 1898
  2. Wingilia v. AshmanMichigan Supreme Court · 1928
  3. Town v. JepsonMichigan Supreme Court · 1903
  4. Rasch v. National Steel Corp.Michigan Court of Appeals · 1970

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