Sprague v. Hosie
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by Thomas S. Sprague against James R. Hosie for breach of a contract for the sale of certain bank stock. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. The suit is brought to recover damages alleged to have been sustained by the plaintiff by reason of the refusal of defendant to perform his contract to sell plaintiff 20 shares of bank stock at $154 a share.
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Error to Wayne; Rohnert, J. Assumpsit by Thomas S. Sprague against James R. Hosie for breach of a contract for the sale of certain bank stock. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. The suit is brought to recover damages alleged to have been sustained by the plaintiff by reason of the refusal of defendant to perform his contract to sell plaintiff 20 shares of bank stock at $154 a share. The declaration contains the common counts in assumpsit and a special count in which the said contract and a breach thereof are averred. The plea is…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. There was no continuing offer to sell the stock at the price of 1154 a share. Defendant’s letter of November ?th, if it can be said to contain an offer to then sell the stock, was not a continuing offer. Moreover, whether it be treated as a present or a continuing offer to sell, it was refused and was not thereafter renewed. The bargain, if one was made, rests in parol.
2. Whether stock in an incorporated company, the shares of which have been actually issued, is goods, wares, or merchandise, within the meaning of the statute of frauds (3 Comp. Laws, § 9516), is a…
2Cases cited12 opinions
- Stearns v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1897
- Third National Bank v. SteelMichigan Supreme Court · 1902
- Boardman v. CutterMassachusetts Supreme Judicial Court · 1880
- North v. ForestSupreme Court of Connecticut · 1843
- Seaman v. O'HaraMichigan Supreme Court · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hewson v. Peterman Manufacturing Co.Washington Supreme Court · 1913
- Lewis v. JohnsonSupreme Court of Minnesota · 1913
- Illinois-Indiana Fair Ass'n v. PhillipsIllinois Supreme Court · 1927
- Herman H. Hettler Lumber Co. v. OldsCourt of Appeals for the Sixth Circuit · 1915
- Mott v. CommissionerUnited States Board of Tax Appeals · 1936
9 more not listed; retrieve them via the Exa API.