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38 Mich. 314

Stimpson v. Freeman

Michigan Supreme Court

Decided January 30, 1878

Michigan Supreme Court · decided 1878-01-30

<p>Contract — Time.</p> <p>One who contracts to saw all logs furnished within a fixed time up to a certain amount is not hound to saw any not furnished according to the contract, if he is not in default or responsible for the delay in furnishing them.</p>

Decided 1878-01-30

Per Curiam.

¶1When a contract is made to saw such logs as ■ are furnished for that purpose up to a certain amount, provided they are furnished by a fixed time, the party promising is not bound to saw any logs not furnished according to the contract, if he has not been *315in default, or in any way responsible for the delay of .the other party.

¶2The case is within the principle of Fredenburg v. Turner, 37 Mich., 402.

¶3Judgment affirmed with costs;

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