T. Wilce Co. v. Kelley Shingle Co.
Michigan Supreme Court
Error to Grand Traverse; Mayne, J. Assumpsit by the T. Wilce Company against the Kelley Shingle Company for the breach of a contract of purchase. From a judgment for plaintiff, defendant brings-error. Plaintiff, an Illinois corporation, owns and operates a. large lumbering plant at Empire, Mich., with lumber yard, docks, timber supply, and a railroad extending from the mill through its timber land.
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Error to Grand Traverse; Mayne, J. Assumpsit by the T. Wilce Company against the Kelley Shingle Company for the breach of a contract of purchase. From a judgment for plaintiff, defendant brings-error. Plaintiff, an Illinois corporation, owns and operates a. large lumbering plant at Empire, Mich., with lumber yard, docks, timber supply, and a railroad extending from the mill through its timber land. Defendant, a Michigan corporation, is engaged in the business of buying and selling lumber, with its principal office at Traverse City, Mich. The capacity of plaintiff’s mill was 100,000 feet per…
1Opinion of the CourtGrant, J.
(after stating the facts). While there-are 49 assignments of error, the questions upon which the-right of recovery turns are but few, and depend almost entirely upon the construction to be placed upon the contract.
1. It is contended by counsel for the defendant that by the contract plaintiff was bound to manufacture the lumber at its mill, while plaintiff insists that it was at liberty to obtain the lumber where it chose, so long as it was of the character and kind specified in the contract. The contract contains no language indicating a contract to-manufacture the lumber at the plaintiff’s…
2Cases cited1 opinion
- Crowl v. GoodenbergerMichigan Supreme Court · 1897
3Cited by2 opinions
- North Shore Lumber Co. v. South Side Lumber Co.Appellate Court of Illinois · 1912
- A. G. Lehman Co. v. Island City Pickle Co.District Court, W.D. Michigan · 1913