Richards v. Church Balance-Gear Co.
Michigan Supreme Court
Error to Kent; McDonald, J. Assumpsit by J. Prank Richards against the Church Balance-Gear Company, Limited, upon a contract of hiring and on the common counts. Judgment for plaintiff. Defendant brings error.
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Error to Kent; McDonald, J. Assumpsit by J. Prank Richards against the Church Balance-Gear Company, Limited, upon a contract of hiring and on the common counts. Judgment for plaintiff. Defendant brings error. Plaintiff’s amended declaration contains the common counts in assumpsit and a special count, wherein it is alleged that on July 1, 1908, he entered into a contract with defendant, by the terms of which he was to be employed by defendant for one year from said date, at a salary of $2,400, payable in monthly installments; that it was agreed that defendant should issue to him one share of…
1Opinion of the CourtOstrander, C. J.
{after stating the facts). 1. The first proposition is based upon the statute (2 Comp. Laws, *467§ 6083) and upon a supposed failure of the testimony to prove that the contract of hiring was signed by two managers of the defendant association. We are not referred to any ruling upon the subject, and have found in the record no reference to any such defense. On the contrary, the notice given with the plea admits a contract of hiring. Raised for the first time in this court, the point is not open for consideration.
2. The witness M. Clay Church, who was secretary of defendant, was asked:
“ Q. Whether…
2Cases cited4 opinions
- McIntyre v. E. Bement's SonsMichigan Supreme Court · 1906
- Wilbur v. StoepelMichigan Supreme Court · 1890
- Scripps v. SweeneyMichigan Supreme Court · 1910
- Parker v. ParkerSupreme Court of Iowa · 1912