Legal Opinion

Harris Photographic Supply Co. v. Fisher

Michigan Supreme Court

Decided June 6, 1890PublishedCited by 6 opinions

Error to Wayne. (Gartner, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. 1. When some specific thing is to be delivered in payment for land, the agreement to so deliver, and the breach, must be specially pleaded; citing Butterfield v. Seligman, 17 Mich. 95; Nugent v. Teachout, 67 Id. 572; Bradley v. Levy, 5 Wis. 400; and an action on the common counts will not lie where proof of the breach of contract is necessary to a recovery; citing Phippen v.…

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Error to Wayne. (Gartner, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. 1. When some specific thing is to be delivered in payment for land, the agreement to so deliver, and the breach, must be specially pleaded; citing Butterfield v. Seligman, 17 Mich. 95; Nugent v. Teachout, 67 Id. 572; Bradley v. Levy, 5 Wis. 400; and an action on the common counts will not lie where proof of the breach of contract is necessary to a recovery; citing Phippen v. Morehouse, 50 Mich. 538. 2. The objection that the declaration fails to state a cause of action is not waived by…

1Opinion of the CourtLong, J.

Plaintiff is a corporation organized and existing under the laws of this State, and doing business in Detroit. This action is brought in assumpsit to recover the price and value of certain personal property claimed to have been exchanged with defendant for real estate;

The contract set out in the declaration is that on July 23, 1888, the plaintiff sold to defendant, and the defendant bought of plaintiff, a photographic gallery, including the stock, fixtures, furniture, negatives, and everything connected therewith, and used in connection with the carrying on of the business of photographing in…

2Cases cited3 opinions

  1. Elting v. VanderlynNew York Supreme Court · 1809
  2. Sheley v. WhitmanMichigan Supreme Court · 1887
  3. Dayton v. WilliamsMichigan Supreme Court · 1845

3Cited by6 opinions

  1. Stearns v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1897
  2. Sprague v. HosieMichigan Supreme Court · 1908
  3. Levy v. RylandNevada Supreme Court · 1910
  4. Kendrick v. HochradelMichigan Supreme Court · 1911
  5. Kroll v. Diamond Match Co.Michigan Supreme Court · 1895

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