Legal Opinion

Imbrie v. George C. Wetherbee & Co.

Michigan Supreme Court

Decided April 21, 1888PublishedCited by 1 opinion

Error to Wayne. (Jennison, J.) Assumpsit. Plaintiffs bring error. The facts are stated in the opinion.

1Opinion of the CourtChamplin, J.

In January, 1886, the plaintiffs, through *104Oeorge C. ELmenway, their traveling salesman, sold 500 Calcutta fishing poles to the defendant at 18 cents apiece, the same to be delivered in Detroit, March 15, 1886.

The plaintiffs were New York merchants, and the poles arrived at Detroit in due season, but were rejected by defendant on the ground that they were powder-posted, worm-eaten, unmerchantable, and worthless.

The plaintiffs brought action to recover the price before a justice of the peace. The defendant pleaded the general issue, offset, and recoupment, and recovered a judgment for $5.22 and…

2Cited by1 opinion

  1. Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894

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