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48 Mich. 292

Brossard v. Bateson

Michigan Supreme Court

Decided April 25, 1882

Michigan Supreme Court · decided 1882-04-25

Assumpsit. Defendants were merchant tailors and filed' a claim of set-off for the price of a suit of clothes furnished by them to a Captain Jones upon a supposition that plaintiff was to pay for them.

Cited by 1 later decisions — most recently June 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1882-04-25

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Marston, J.

¶1This case was tried in -justice’s court, the set-off allowed and judgment rendered against the plaintiff, which on cerbiora/ri to the circuit court was affirmed.

¶2There is no evidence tending in even the slightest degree to show that the plaintiff was legally liable for the suit of clothes furnished by the defendants to Capt. Jones. There was no gift of a suit of clothes, no authority given to Capt. Jones to order them and have them charged to the plaintiff, and no written or verbal promise by the plaintiff to pay for them.

¶3The judgments of the circuit and justice’s courts must be reversed with costs of all courts to the plaintiff.

Cooley and Campbell JJ. concurred.
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