Knapp v. Hubbard
Knapp v. Hubbard
Opinion of the Court
This is an action in assumpsit brought by plaintiffs to recover the price of eight loads of wheat which they claim they sold and delivered to defendant at the village of Hart, Mich. The price of the wheat agreed upon was $1.00 per bushel. The most important question in dispute in this case is as to the number of loads of wheat the plaintiffs sold
There are many assignments of error, but the most important one relates to the attempt of the defendant to show that all of plaintiffs’ wheat, except the last load, was put into a bin along with other wheat, and from there all the wheat in the bin was put into a railroad car, sealed up, and shipped to the People’s Milling Company at Muskegon, Mich.; the weight and contents of the other, wheat besides that of plaintiffs that was in the car and the names of the persons from whom it was purchased and dates of purchases, and the weight and amount purchased from each person, and the total weight and amount of wheat shipped in the car; that the car was unsealed by the witness, John Dick, at the People’s Milling Company at Muskegon, Mich., and the car was unloaded by him,
The question involved was a question of fact. How much wheat was delivered? The testimony was very conflicting. The proof offered, though not conclusive, perhaps had. value and should have been allowed to be given to the jury for what it was worth.
There is nothing in the record to indicate that the wheat was sold on credit, but on the contrary it may be assumed it was a sale for cash, and, if not paid for, interest should be allowed. The other assignments of error are unimportant.
Judgment is reversed, and a new trial ordered.
Reference
- Full Case Name
- KNAPP v. HUBBARD
- Status
- Published