Pittsburgh & Ohio Mining Co. v. Scully
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by the Pittsburgh & Ohio Mining Company against Walter J. Scully for goods sold and delivered. There was judgment for defendant, and plaintiff brings error.
1Opinion of the CourtCarpenter, C. J.
On the 30th of December, 1902, the parties to this suit entered into a contract whereby the plaintiff agreed to sell and the defendant to buy 66 cars of coal. Part of this coal was delivered and paid for; the *230balance defendant refused to accept on the ground that it was not delivered promptly in Detroit. Plaintiff brought this suit to recover damages for said refusal. The trial was had before a jury, and resulted in a verdict and judgment in defendant’s favor. We are asked to reverse that judgment, because the trial court permitted the jury to find that plaintiff was bound to promptly deliver…
2Cases cited1 opinion
- Hurley v. WatsonMichigan Supreme Court · 1888
3Cited by5 opinions
- Stephens v. Weyl-Zuckerman & Co.California Court of Appeal · 1917
- Fort Dearborn Coal Co. v. Newaygo Portland Cement Co.Michigan Supreme Court · 1925
- Hale v. GoodellSupreme Court of Colorado · 1910
- Jackson v. GoodmanMichigan Court of Appeals · 1976
- Jackson v. GoodmanMichigan Court of Appeals · 1976