Reed v. Ismond

Michigan Supreme Court

Reed v. Ismond

67 N.W. 912, 110 Mich. 16, 1896 Mich. LEXIS 630

CourtMichigan Supreme Court

DecidedJune 30, 1896

StatusPublished

Cited by4 cases

This text of 67 N.W. 912 (Reed v. Ismond) 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

Reed v. Ismond, 67 N.W. 912, 110 Mich. 16, 1896 Mich. LEXIS 630 (Mich. 1896).

Pincite

Opinion

Grant, J.

(after stating the facts). The position of the plaintiff is that, though the contract described lot 50, yet that was not in fact the land contracted for, but that plaintiff in fact purchased the lot pointed out to her as lot 50; that such representations were warranties, and as such were a part of the contract; and that the tort can be waived, and an action of assumpsit maintained. We cannot concur in this view. The case is ruled by Emerson v. Spring Co., 100 Mich 133, Bedier v. Fuller, 106 Mich. 342, and Warnes v. Brubaker, 107 Mich. 440.

Judgment reversed, and no new trial ordered.

The other Justices concurred.

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Grant, J.

(after stating the facts). The position of the plaintiff is that, though the contract described lot 50, yet that was not in fact the land contracted for, but that plaintiff in fact purchased the lot pointed out to her as lot 50; that such representations were warranties, and as such were a part of the contract; and that the tort can be waived, and an action of assumpsit maintained. We cannot concur in this view. The case is ruled by Emerson v. Spring Co., 100 Mich 133, Bedier v. Fuller, 106 Mich. 342, and Warnes v. Brubaker, 107 Mich. 440.

Judgment reversed, and no new trial ordered.

The other Justices concurred.

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Bluebook (online)

67 N.W. 912, 110 Mich. 16, 1896 Mich. LEXIS 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-ismond-mich-1896.

Opinion

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