Cook v. Darling
Michigan Supreme Court
Error to Lenawee; O’Mealey, J. Assumpsit by Cliff R. Cook against Elbert W. Darling for goods sold and delivered. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.
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Error to Lenawee; O’Mealey, J. Assumpsit by Cliff R. Cook against Elbert W. Darling for goods sold and delivered. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error. The seller’s plan was as follows: “When goods have been bought out of the dealer’s stock sufficient to call for any of the merchandise listed in the catalogue or double value in goods, the same will be furnished by us free of charge, f. o. b., distributing point on order from the dealer accompanied by reorder for goods at the wholesale price amounting to 75 per cent, of the…
1Opinion of the CourtStone, J.
This is an action of assumpsit, brought by Cliff E. Cook, doing business as the Colonial Manufacturing Company. It was commenced in justice’s court on June 18, 1908. The declaration was oral on all the common counts, and especially on a signed acceptance. The *478plea was the general issue with notice of fraud and breach of warranty. The draft sued upon was dated October 22, 1907, for $65, and was one of a series of four drafts made in payment for a bill of goods purchased by defendant from the plaintiff under a contract hereinafter referred to. Judgment was rendered for the defendant in…
2Cases cited8 opinions
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Hoover v. PetersMichigan Supreme Court · 1869
- Little v. G. E. Van Syckle & Co.Michigan Supreme Court · 1898
- Copas v. Anglo-American Provision Co.Michigan Supreme Court · 1889
- Sinclair v. HathawayMichigan Supreme Court · 1885
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3Cited by15 opinions
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
- Dooms v. Stewart Bolling & Co.Michigan Court of Appeals · 1976
- Sharon Proos Kosters v. The Seven-Up Company, & Third PartyCourt of Appeals for the Third Circuit · 1979
- Fleck v. Titan Tire Corp.District Court, E.D. Michigan · 2001
10 more not listed; retrieve them via the Exa API.