Legal Opinion

Piowaty v. Sheldon

Michigan Supreme Court

Decided October 2, 1911No. Docket No. 48PublishedCited by 5 opinions

Error to Sanilac; Beach, J. Assumpsit by Max Piowaty against Watson H. Sheldon for breach of contract. Defendant gave notice of recoupment. Judgment for defendant of $2,961.20. Plaintiff brings error.

1Opinion of the CourtStone, J.

The plaintiff, a jobber of fruits and vegetables, residing in the city of Chicago, brought this suit against the defendant, a buyer and jobber of produce, residing at Lexington, in the county of Sanilac, in this State, to recover damages for the alleged breach of and a claimed penalty withheld by the defendant, under a contract in the words and figures following:

“Lexington, Sept. 13, 1907.
“W. Sheldon, of Lexington, Michigan, sold to M. Piowaty, of Chicago, 111., the whole output of all winter and fall apples for this season.
“The No. 1 apples should be packed free from worms and smooth stock,…

2Cases cited17 opinions

  1. Hill v. McKayCalifornia Supreme Court · 1892
  2. Lewis v. . GreiderNew York Court of Appeals · 1872
  3. Smith v. . PetteeNew York Court of Appeals · 1877
  4. Williams v. RobbMichigan Supreme Court · 1895
  5. Van Den Bosch v. BouwmanMichigan Supreme Court · 1904

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Derrick v. BlazersMichigan Supreme Court · 1959
  2. Taylor v. GoldsmithMichigan Supreme Court · 1924
  3. McFadden v. ShanleyArizona Supreme Court · 1914
  4. Falmouth Co-Operative Marketing Ass'n v. Pennsylvania RailroadMichigan Supreme Court · 1925
  5. Pandaleon v. BreckerMichigan Supreme Court · 1924

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