Michigan Reports: Cases Decided in the Supreme Court of Michigan, volume 189
Michigan Reports: Cases Decided in the Supreme Court of Michigan, volume 189
Michigan. Supreme Court, Edward Gott (A.)
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339 the person or party, we think this claim purely tech- nical, and without merit. The decree of the circuit court is affirmed, and the complainant will recover his costs in this court against the defendant People's Savings Bank. Brooke, C. J., and Person, Kuhn, Ostrander, Bird, Moore, and Steere, JJ., concurred. PENTLAND V, JACOBSON. 1. SAUBS — EVIDENCB— WABBANTIES — COIH-RACTS — INSPECTION. Plaintiff sold defendant a quantity of potatoes which were delivered and were later found to be frozen.... A tender back was made by the defendant, and plaintiff brought an action for the purchase price; defendant claimed that plaintiff had expressly represented and warranted that the potatoes were in fit condition for use. The testimony showed that at the time of delivery of the first lot the defendant found a number of pounds of frozen potatoes and that the plaintiff said that the rest were all right, that a few had been scattered about and been frozen in his cel- lar. The court submitted the case to the jury on the the- ory that if there was no express warranty defendant might rely upon the implied warranty.
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