Kuchenmeister v. Dusza
Michigan Supreme Court
Error to Macomb; Black (Edward D.), J., presiding. Assumpsit in justice’s court by Albert Kuchenmeister against. Marcel J. Dusza for money had and received. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for defendant on a directed verdict. Plaintiff brings error.
1Opinion of the CourtWiest, J.
This suit was commenced in justice’s court, and upon appeal the parties filed formal pleadings in the circuit court. Plaintiff declared upon an agreement under which the commission he was to earn in making a sale of a certain farm and the commission defendant was to earn from the purchaser of the farm should be equally divided between them; that *498he paid defendant $100, the half of his commission, and defendant refused to pay him $100, the half of his commission. The declaration- also contained the common count for money had and received. Defendant pleaded the general issue and gave notice…
2Cases cited5 opinions
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Walker v. ConantMichigan Supreme Court · 1887
- Smith v. StarkeMichigan Supreme Court · 1917
- Beardslee v. HortonMichigan Supreme Court · 1855
- De Croupet v. FrankMichigan Supreme Court · 1920
3Cited by10 opinions
- Epps v. 4 Quarters Restoration LLCMichigan Supreme Court · 2015
- Rothstein v. WeeksMichigan Supreme Court · 1923
- Robinson v. CommissionerUnited States Board of Tax Appeals · 1931
- School District No. 9 v. McLintockMichigan Supreme Court · 1931
- King v. BirdMichigan Supreme Court · 1928
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