Berwick Store Co. v. Starks
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by Berwick Store Company, Ltd., a co-partnership, against Leonard Starks for an alleged loss upon a carload of potatoes. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtMcAlvay, J.
Plaintiff sued defendant in assumpsit for the amount of a certain claimed loss on a car load shipment of potatoes. Upon an issue joined, the case was tried before a jury. At the close of the proofs in the case, defendant moved for a directed verdict in his favor upon the following grounds: That the proofs fail to support the allegations of the declaration, and there was a fatal variance between the declaration and the proofs; that there was no written acceptance of the offer made by defendant, and no proof showing that the potatoes were accepted on the strength of the telegram of January…
2Cases cited3 opinions
- Williams v. RobbMichigan Supreme Court · 1895
- Jones v. BloomgardenMichigan Supreme Court · 1906
- Weyl v. Southern Pacific Co.Appellate Court of Illinois · 1910
3Cited by1 opinion
- Lieblein v. Isbell Bean Co.Michigan Supreme Court · 1919