Collins v. Shaw
Michigan Supreme Court
Error to Shiawassee; Smith, J. Assumpsit by Bert Collins and William Olney against Arthur Shaw and Bert Holmes for the breach of a contract to buy sheep. From a judgment for plaintiffs, defendants bring error. Plaintiffs were the owners of a large flock of sheep and lambs, which they were feeding on the farm of plaintiff Olney. The defendants, drovers, purchased them.
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Error to Shiawassee; Smith, J. Assumpsit by Bert Collins and William Olney against Arthur Shaw and Bert Holmes for the breach of a contract to buy sheep. From a judgment for plaintiffs, defendants bring error. Plaintiffs were the owners of a large flock of sheep and lambs, which they were feeding on the farm of plaintiff Olney. The defendants, drovers, purchased them. All parties agreed that the price was $5.10 per hundredweight, with a bonus of $5. Plaintiffs claimed that the defendants agreed to take the entire flock “straight;” that is, without condition. Defendants contended that the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Plaintiff Collins testified that, after the contract was made, he went to his book, and entered it. The court permitted this entry of plaintiffs’ version of the contract to be received in evidence, and also permitted plaintiff Olney, who was not present when the bargain was made, to testify that he, saw it on the book. This testimony was incompetent. Weaver v. Bromley, 85 Mich. 212 (31 N. W. 839); Caldwell v. Bowen, 80 Mich. 382 (45 N. W. 185); Hodges v. Power Co., 109 Mich. 547 (67 N. W. 564.).
2. Plaintiffs were permitted to show by witnesses what •they…
2Cases cited5 opinions
- Weaver v. BromleyMichigan Supreme Court · 1887
- Caldwell v. BowenMichigan Supreme Court · 1890
- Short v. CureMichigan Supreme Court · 1894
- Hodges v. Detroit Electric Light & Power Co.Michigan Supreme Court · 1896
- Shakespeare v. BaughmanMichigan Supreme Court · 1897
3Cited by9 opinions
- Farrell v. HazeMichigan Supreme Court · 1909
- Colgrove v. GoodyearMichigan Supreme Court · 1949
- Berke v. MurphyMichigan Supreme Court · 1937
- Southern Ry. Co. v. Mooresville Cotton MillsCourt of Appeals for the Fourth Circuit · 1911
- Davis v. ButtarsMichigan Supreme Court · 1918
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