Legal Opinion

Levin v. Fisher

Michigan Supreme Court

Decided March 30, 1922No. Docket No. 133PublishedCited by 6 opinions

Error to Oakland; Gillespie (Glenn C.), J. Assumpsit in justice’s court by Samuel Levin against Frederick E. Fisher for breach of a contract for the sale of certain bottles. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for defendant non obstante veredicto. Plaintiff. brings error.

1Opinion of the CourtSharpe, J.

The plaintiff, doing business as the Hamilton Bottle Exchange, entered into a written contract with the defendant, doing business as the Detroit Bottle Exchange, for the purchase of 5 car loads of empty beer bottles at $1.80 per gross, f. o. b. Detroit. A deposit of $200 was made by plaintiff to be applied on the price of the last car load. Draft with bill of lading annexed was to accompany each shipment. The last car load was not shipped, and plaintiff sued to recover the $200 advance payment and damages due to his having been compelled to pay a larger price for the bottles in the open…

2Cases cited13 opinions

  1. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  2. Welton v. MissouriSupreme Court of the United States · 1876
  3. Kidd v. PearsonSupreme Court of the United States · 1888
  4. International Textbook Co. v. PiggSupreme Court of the United States · 1910
  5. Crutcher v. KentuckySupreme Court of the United States · 1891

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3Cited by6 opinions

  1. St. John v. NicholsMichigan Supreme Court · 1951
  2. Westerlin & Campbell Co. v. Detroit Milling Co.Michigan Supreme Court · 1925
  3. Rath Packing Co. v. General Cold Storage Co.Michigan Supreme Court · 1923
  4. Consolidation Coal Co. v. Department of TreasuryMichigan Court of Appeals · 1985
  5. Phillip v. PostMichigan Supreme Court · 1944

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