Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 174Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1913 |
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Page 1
... CONTRACTS - ADVANCES - CONSTRUCTION— PAYMENT . Under the terms of a contract to remove sunken logs from a river and its tributaries , upon terms stated , including an ad- vance of 50 % of the agreed price each month on the basis of logs ...
... CONTRACTS - ADVANCES - CONSTRUCTION— PAYMENT . Under the terms of a contract to remove sunken logs from a river and its tributaries , upon terms stated , including an ad- vance of 50 % of the agreed price each month on the basis of logs ...
Page 2
... contract . 4. SAME . Plaintiff's first count was in assumpsit , and the second claimed the right to recover the difference between the amount due plaintiff under the scale required by contract and the amount as determined by defendant ...
... contract . 4. SAME . Plaintiff's first count was in assumpsit , and the second claimed the right to recover the difference between the amount due plaintiff under the scale required by contract and the amount as determined by defendant ...
Page 4
... contract prices to be paid on the 10th day of each month on all logs raised , banked , and skidded during the preceding month . This amount to be considered as an advance under this contract , and not as a payment on any particular lot ...
... contract prices to be paid on the 10th day of each month on all logs raised , banked , and skidded during the preceding month . This amount to be considered as an advance under this contract , and not as a payment on any particular lot ...
Page 5
... contract price for raising the same , including the costs and charges for selling them . In the event of any of the parties of the second part to this con- tract purchasing or bidding in the logs advertised and sold as aforesaid , then ...
... contract price for raising the same , including the costs and charges for selling them . In the event of any of the parties of the second part to this con- tract purchasing or bidding in the logs advertised and sold as aforesaid , then ...
Page 6
... contract , classifying the various breaches and damages therefor , as follows : “ ' I. * * * And the said plaintiff delivered to the said defendant , under said contract , a large quantity of sawlogs , to wit , about 7,294 , - 577 feet ...
... contract , classifying the various breaches and damages therefor , as follows : “ ' I. * * * And the said plaintiff delivered to the said defendant , under said contract , a large quantity of sawlogs , to wit , about 7,294 , - 577 feet ...
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affirmed agreement alleged amended appears appellee assessment assigns Assumpsit authority automobile Barbara Rinke bill of complaint bill of lading BROOKE certiorari charge circuit court cited claimed Comp Company complainant complainant's concurred contract contributory negligence counsel court of equity damages decedent Decided March 20 decree deed defendant defendant's demurrer Detroit Detroit United Railway Docket easement engine entitled error evidence fact feet fendant Fike team filed follows Frank O'Neill George Sergeant Grand Haven gravel guilty held horses injury issue Jefferson street judgment jury KUHN land liability Mathis MCALVAY McKinley avenue ment Michigan Montmorency county negligence OSTRANDER owner parties Pere Marquette Railroad person plaintiff premises proceedings question railroad reason respondent rule Saginaw river Stat statute STEERE STONE Submitted January suit testified testimony tion top soil track train trial court verdict wagon warranty wire witness
Popular passages
Page 386 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 131 - Public in and for said County, and in the State aforesaid do hereby certify that James Y. Scammon, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth.
Page 85 - Received, subject to the classifications and tariffs in effect on the date of the issus of this bill Of lading, at , 191 ... from the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown...
Page 701 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural aud probable consequence of the negligence or wrongful act, and that it ought to have been foreseen, in the light of the attending circumstances.
Page 382 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Page 434 - The court may from time to time, afterwards, on the petition of either of the parents, revise and alter such decree, concerning the care, custody and maintenance of the children, or any of them, and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children shall require.
Page 103 - ... if the interest of the insured be other than unconditional and sole ownership...
Page 257 - ... all statements made by the employer or by the individual employees shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall be used in defense to a claim under the policy, unless it is contained in a written application.
Page 567 - The provisions of this section shall not be held to affect the jurisdiction of the courts of the United States in cases, commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank.
Page 381 - The rule of law upon this subject appears to be that, except where the Constitution has imposed limits upon the legislative power, It must be considered as practically absolute, whether it operate according to natural justice or not in any parr ticular case.