Pierson v. Smith
Michigan Supreme Court
Error to Ionia; Davis (Frank D. M.), J. Assumpsit by Rolland L. Pierson against Leroy Smith on a building contract. Judgment for plaintiff. Defendant brings error. The parties to this action entered into the following contract: “Memorandum of an agreement, made and entered into this tenth day of January, 1916, between R. L. Pierson, of Ionia, Michigan, party of the first part, and Leroy Smith of the same place, party of the second part.
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Error to Ionia; Davis (Frank D. M.), J. Assumpsit by Rolland L. Pierson against Leroy Smith on a building contract. Judgment for plaintiff. Defendant brings error. The parties to this action entered into the following contract: “Memorandum of an agreement, made and entered into this tenth day of January, 1916, between R. L. Pierson, of Ionia, Michigan, party of the first part, and Leroy Smith of the same place, party of the second part. “Witnesseth, that said R. L. Pierson agrees to build a barn for said Leroy Smith, as follows: “That said R. L. Pierson, party of the first part shall build,…
1Opinion of the CourtBrooke, J.
(after stating the facts). In instructing the jury, the learned circuit judge said:
*297“So the first thing for you to determine, gentlemen, in this case is, What was the contract? Were all of the details, in a general way, understood by the parties? What did their minds meet upon? Was it to be a barn without reference to any details, without reference to any other bam as is claimed by the plaintiff in this case, or was it to be a barn built with a silo similar to Mr. Chamberlain’s bam, varying in its width, length and proportion?”
It is the claim of the defendant with reference to this instruction…
2Cases cited6 opinions
- Snider v. Peters Home Building Co.Supreme Court of Minnesota · 1918
- Eaton v. GladwellMichigan Supreme Court · 1899
- Germain v. Union School DistrictMichigan Supreme Court · 1909
- Jageriskey v. Detroit United RailwayMichigan Supreme Court · 1910
- Hyde v. ShankMichigan Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Martiniano v. BoothMichigan Supreme Court · 1960
- Jorgensen v. HowlandMichigan Supreme Court · 1949
- Hicks v. B & B DISTRIBUTORS, INC.Michigan Supreme Court · 1958
- Hansel v. HawkinsMichigan Supreme Court · 1949
- Zeni v. AndersonMichigan Court of Appeals · 1974
3 more not listed; retrieve them via the Exa API.