La Dow v. E. Bement & Sons
Michigan Supreme Court
Error to Ingham; Person, J. Assumpsit by Charles La Dow against E. Bement & Sons for the breach of a contract to repurchase certain shares of stock in defendant corporation. Prom a judgment for defendant on demurrer to the declaration, plaintiff brings error.
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Error to Ingham; Person, J. Assumpsit by Charles La Dow against E. Bement & Sons for the breach of a contract to repurchase certain shares of stock in defendant corporation. Prom a judgment for defendant on demurrer to the declaration, plaintiff brings error. On April 27, 1895, the defendant, a corporation, entered into an agreement with the plaintiff, by which it gave to him four promissory notes for $5,000 each, and also agreed to forward to him certificates for 500 shares of the 6 per cent, preferred stock of said corporation, of the par value of $10 per share, and agreed “to repurchase…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Plaintiff insists that he had a reasonable time after the expiration of the two years within which to notify defendant that he desired it to repurchase the stock. Defendant insists that the contract fixed a day certain, viz., the first business day after the expiration of the two years, within which such notification must be given. The contract does not, in express terms, fix a day, and make it of the essence of the contract. The preposition “at” is an elastic word. One lexicographer defines it as follows:
“A preposition of extremely various use, primarily meaning…
2Cases cited3 opinions
- Rogers v. BurrSupreme Court of Georgia · 1895
- Hamilton v. Phoenix Ins. Co. of HartfordCourt of Appeals for the Sixth Circuit · 1894
- Davidson v. Crump Manufacturing Co.Michigan Supreme Court · 1894
3Cited by10 opinions
- Thompson v. FairleighCourt of Appeals of Kentucky (pre-1976) · 1945
- Nu-Way Service Stations, Inc. v. Vandenberg Bros. Oil Co.Michigan Supreme Court · 1938
- Braten v. BakerWyoming Supreme Court · 1958
- McDougall v. O'ConnellWashington Supreme Court · 1913
- Davis v. GodartSupreme Court of Minnesota · 1915
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