Michigan Supreme Court, 1900

Tufts v. Verkuyl

Michigan Supreme Court · Decided May 18, 1900 · Grant, Other

124 Mich. 242; 82 N.W. 891; 1900 Mich. LEXIS 510

Cases that cite this one

6 later published cases cite this decision.

Transamerica Leasing Corp. v. Van's Realty Co. (Idaho 1967)
Thompson Lumber Co. v. Cozier Container Corp. (Idaho 1958)
Armstrong, Byrd & Co. v. Crump (Okla. 1910)
Randall v. J. A. Fay & Egan Co. (Mich. 1909)
Hallwood Cash-Register Co. v. Millard (Mich. 1901)
Flanigan v. Byers (Mich. 1923)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Grant, J.

(after stating the facts), l. There was an implied, warranty that the fountain was suitable for the purpose for which it was bought. Walter A. Wood Mowing & Reaping Machine Co. v. Gaertner, 55 Mich. 455 (21 N. W. 885); Little v. G. E. Van Syckle & Co., 115 Mich. 480 (73 N. W. 554); Blodget v. Detroit Safe Co., 76 Mich. 538 (43 N. W. 451). Evidence of a verbal ■warranty, such as would be implied by the contract itself, did not change the terms of the written instrument, and it was not error to admit it.

2. One Hutty put up the fountain, and was allowed to testify what, in his judgment, was the trouble with it. This was objected to upon the ground that witness was not shown to be qualified. Witness had testified that he had been in the soda-fountain business 20 years, and was acquainted with them, — with setting them up, and with their method of working. This was sufficient to justify the admission of the testimony.

3. Several errors are assigned upon the charge of the court and the refusal to give some of plaintiff’s requests. We find no error in the rulings. The charge contained a clear, concise, and correct statement of the law governing the case, which it is unnecessary here to repeat. It is familiar to the profession.

Judgment affirmed.

The other Justices concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.