Legal Opinion

Hopkins v. Sanford

Michigan Supreme Court

Decided July 1, 1879PublishedCited by 9 opinions

Error to Muskegon. Assumpsit by Sanford & Peck for an unpaid balance of money received by Hopkins & Perry on sales of lumber furnished' by plaintiffs, and which plaintiffs claim should have been paid over to them under the following contract: Memorandum of agreement made this day, by and between S. R. Sanford and S. B. Peck, of Muskegon, Michigan, and John W. Hopkins & Co., of Ferrysburg, Michigan, being the providing of pine saw logs, to the amount of not less than four…

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Error to Muskegon. Assumpsit by Sanford & Peck for an unpaid balance of money received by Hopkins & Perry on sales of lumber furnished' by plaintiffs, and which plaintiffs claim should have been paid over to them under the following contract: Memorandum of agreement made this day, by and between S. R. Sanford and S. B. Peck, of Muskegon, Michigan, and John W. Hopkins & Co., of Ferrysburg, Michigan, being the providing of pine saw logs, to the amount of not less than four million feet, board measure, and limited to six million feet, by Messrs. Sanford & Peek above named, and an advance of…

1Opinion of the Court

Marston, T.

The questions in this ease arise upon the trial of an action brought to recover a balance claimed under a written contract. This case came before us at the April term, 1878 (Hopkins v. Sanford, 38 Mich.), when the judgment was reversed and a new trial ordered.

Previous -to the first trial in the court below,- in accordance with a stipulation of the attorneys, the case was referred to Bóbert W. Duncan as sole referee. After the reversal, when the case again came on' for trial, counsel for defendants objected to the issue being tried before the court and a jury, insisting that under…

2Cases cited1 opinion

  1. Rice v. BenedictMichigan Supreme Court · 1869

3Cited by9 opinions

  1. Harrington-Wiard Co. v. Blomstrom Manufacturing Co.Michigan Supreme Court · 1911
  2. Tradesman Co. v. Superior Manufacturing Co.Michigan Supreme Court · 1907
  3. Piasecki v. Fidelity Corp. of Mich.Michigan Supreme Court · 1954
  4. Schumacher v. Crane-Churchill Co.Nebraska Supreme Court · 1902
  5. Lips v. OppSupreme Court of Kansas · 1939

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