¶1held, that the contract having provided in detail the tests by which the parties should ascertain whether the logs would cut the proportion of the designated quality, which the contract demanded; and the defendant having rendered it impossible to apply these tests, he had waived his right to insist upon the warranty and must pay the contract price for the logs; and the plaintiff therefore had judgment for the full amount as found by the referee.
19 Mich. 95
Hall v. McEwen
Decided July 12, 1869
Michigan Supreme Court · decided 1869-07-12
This was an action of assumpsit brought by Edmund Hall v. John McEwen upon a contract to deliver two million feet of pine saw logs, which were to be “of such classes or qualities that with judicious and careful sawing into lumber, they should yield at least twenty per cent ‘ upper ’ qualities.” The contract provided a mode of determining the quality of the logs, m case the defendant was not satisfied, upon delivery, that they would yield twenty per cent-above common; and it…
Cited by 1 later decisions — most recently October 1883
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1869-07-12
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