Advertiser & Tribune Co. v. City of Detroit
Michigan Supreme Court
Error to the Superior Court of Detroit. Assumpsit. Defendant brings error. A payment voluntarily made on a contract by a municipality, without fraud, but under a mistake as to the legal construction of the contract, cannot be recovered back, Detroit v. Martin 34 Mich. 174; Railroad, Company v. Com’rs 98 U. S. 541; Lamborn v. Com’rs 97 U. S. 181; Doll v. Earle 59 N. Y. 638; notice to a city officer who has powers and duties in relation to the matter as to which notice is…
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Error to the Superior Court of Detroit. Assumpsit. Defendant brings error. A payment voluntarily made on a contract by a municipality, without fraud, but under a mistake as to the legal construction of the contract, cannot be recovered back, Detroit v. Martin 34 Mich. 174; Railroad, Company v. Com’rs 98 U. S. 541; Lamborn v. Com’rs 97 U. S. 181; Doll v. Earle 59 N. Y. 638; notice to a city officer who has powers and duties in relation to the matter as to which notice is given, is notice to the city, Dill. Corp. § 176; Ang. & Am. Corp. § 303 •, .Field v. Mayor 2 Seld. 179; Nichols v. Boston 98…
1Opinion of the CourtMaeston, C. J.
The city of Detroit brought an action of assumpsit to recover back money paid under the following facts:
The Advertiser and Tribune Company in 1875 entered into a written agreement with the city to do its printing at a certain discount below the statutory rates. A clause was inserted in the contract that “ no constructive charges whatever are to be made for printing, publishing or furnishing material.”
Under this contract the Tribune Company published the list of tax sales, known among printers as “figure work,” and evidence was given that according to a custom among printers double measure was…
2Cases cited2 opinions
- Turner v. PeopleMichigan Supreme Court · 1876
- Ward v. WardMichigan Supreme Court · 1877
3Cited by14 opinions
- People v. FosterIllinois Supreme Court · 1890
- Pingree v. Mutual Gas Co.Michigan Supreme Court · 1895
- Perry v. Village of CheboyganMichigan Supreme Court · 1884
- County of Wayne v. ReynoldsMichigan Supreme Court · 1901
- Brownfield v. HouserOregon Supreme Court · 1897
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