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50 Mich. 42

Nester v. Swift

Michigan Supreme Court

Decided January 18, 1883

Michigan Supreme Court · decided 1883-01-18

(D. C. Grage, J.) Bill to determine the rights of the parties to logs and lumber manufactured under a contract between them, and for an. accounting for the proceeds of sales. Defendants appeal.

Decree modified · Decided 1883-01-18

Marston, J.

¶1We are all agreed that the complainant did not drive the logs into Bifle river boom, as under the agreement he was bound to do, and that the expenses to defendants and interest thereon in consequence thereof, amounting to $1819.95, should be charged to him.

¶2IJpon the other questions in the case the Court is equally divided, and in all other respects, therefore, the decree, under the statute, will stand affirmed.

¶3The decree will therefore be modified to the amount above specified, defendants to recover costs.

The other Justices concurred.
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