Saginaw Milling Co. v. Schram
Michigan Supreme Court
Error to Sanilac; Beach, J. Assumpsit in justice’s court by the Saginaw Milling Company against John Schram for breach of a contract for the sale of hay. There was judgment of recoupment for defendant, and plaintiff appealed to the circuit court. Judgment for 'defendant. Plaintiff brings error.
1Opinion of the CourtBrooke, J.
This case upon its first appearance in this court will be found reported in 186 Mich. 52 (152 N. W. 945), where a statement of the facts will be found. We there reversed a judgment in favor of the plaintiff for $100, which had been directed by the court. In considering the questions involved it was held that the contract, being ambiguous in its terms, might be explained by oral testimony, and that evidence relating to the custom of baling hay in the vicin*774ity was admissible. Upon a retrial of the ease it appeared beyond dispute that it was the duty of plaintiff to bale the hay or at any rate…
2Cases cited1 opinion
- Saginaw Milling Co. v. SchramMichigan Supreme Court · 1915
3Cited by2 opinions
- Falmouth Co-Operative Marketing Ass'n v. Pennsylvania RailroadMichigan Supreme Court · 1925
- Morley v. University of DetroitMichigan Supreme Court · 1934