Fifield v. Elmer

Michigan Supreme Court

Fifield v. Elmer

25 Mich. 48, 1872 Mich. LEXIS 67

CourtMichigan Supreme Court

DecidedApril 25, 1872

StatusPublished

Cited by3 cases

This text of 25 Mich. 48 (Fifield v. Elmer) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fifield v. Elmer, 25 Mich. 48, 1872 Mich. LEXIS 67 (Mich. 1872).

Pincite

Opinion

Per Curiam.

Tbe Tilling of the court below was erroneous. The fact of the bargain between Fifield and Duel was a material fact, and its terms could only be proved by showing what was said and done between the parties. This is the’ only way in which any contract can be proved; and it can make no difference who else was present or absent, as such presence or absence could in no way bear upon the bargain, which was an independent fact, on which the rights of the parties . depended.

The judgment must be reversed, with costs, and a new trial granted.

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Per Curiam.

Tbe Tilling of the court below was erroneous. The fact of the bargain between Fifield and Duel was a material fact, and its terms could only be proved by showing what was said and done between the parties. This is the’ only way in which any contract can be proved; and it can make no difference who else was present or absent, as such presence or absence could in no way bear upon the bargain, which was an independent fact, on which the rights of the parties . depended.

The judgment must be reversed, with costs, and a new trial granted.

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Bluebook (online)

25 Mich. 48, 1872 Mich. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fifield-v-elmer-mich-1872.

Opinion

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