Legal Opinion

Oudersluys v. Carstens

Michigan Supreme Court

Decided January 23, 1917No. Docket No. 150PublishedCited by 3 opinions

Error to Kent; Lamb, J., presiding. Assumpsit in justice’s court by John D. Oudersluys and Hugh T. Rathbun, copartners, doing business as the Crestón Electric Company, against Rudolph D. Carstens and the Gilligham & Smith Enterprises, a corporation, for work done and materials furnished. From a judgment for plaintiffs against defendant Gilligham & Smith Enterprises, said defendant appealed to the circuit court, where the case was heard before the court without a jury.

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Error to Kent; Lamb, J., presiding. Assumpsit in justice’s court by John D. Oudersluys and Hugh T. Rathbun, copartners, doing business as the Crestón Electric Company, against Rudolph D. Carstens and the Gilligham & Smith Enterprises, a corporation, for work done and materials furnished. From a judgment for plaintiffs against defendant Gilligham & Smith Enterprises, said defendant appealed to the circuit court, where the case was heard before the court without a jury. Judgment for plaintiffs. Defendant brings error.

1Opinion of the CourtMoore, J.

In November, 1915, the defendant Gilligham & Smith Enterprises was the owner of a certain building which it had used as a theater, and which it rented to defendant Rudolph D. Carstens for a jewelry store. These two defendants entered into a written lease of the premises. At the time of the making of this lease it is claimed Mr. Gilligham, the president of the Gilligham & Smith Enterprises, agreed, among other things, for the defendant appellant to repair and put in some electric wiring, and that the lease was not to take effect until this was done. Mr. Carstens called one of the plaintiffs to…

2Cases cited2 opinions

  1. Michigan Trust Co. v. HoffmanMichigan Supreme Court · 1914
  2. Niagara Sprayer Co. v. WoodMichigan Supreme Court · 1915

3Cited by3 opinions

  1. Messer v. DornbosMichigan Supreme Court · 1920
  2. Marshall & Ilsley Bank v. MooneyMichigan Supreme Court · 1919
  3. Jersey Shore Trust Co. v. Owosso Savings BankMichigan Supreme Court · 1923

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