Bryant & Detwiler Co. v. Peterman
Michigan Supreme Court
Certiorari to Wayne; Goff (John H.), J. Assumpsit by Bryant & Detwiler Company against Joseph S. Peterman for damages caused by breach of a contract, at the same time instituting garnishment proceedings for moneys paid under the contract. From an order denying a motion to dismiss the garnishment proceedings, defendant brings certiorari.
1Opinion of the CourtBird, J.
The parties to this suit entered into a contract by which defendant agreed to furnish plaintiff a dumping ground on the rear of his lot, No. 1510 Jefferson avenue, east, in the city of Detroit, for a large quantity of earth, and plaintiff agreed to, and did, make an advance payment of $750 for the privilege. For some reason, which does not clearly appear,' defendant refused to carry out the contract, so plaintiff began this suit in assumpsit to recover its damages, and also began a suit in garnishment against the Peninsular State Bank. Defendant moved to dismiss the suit in garnishment…
2Cases cited3 opinions
- Wright v. DickinsonMichigan Supreme Court · 1887
- Ripley v. CaseMichigan Supreme Court · 1889
- Fitzpatrick v. HoffmanMichigan Supreme Court · 1895
3Cited by2 opinions
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