115 Mich. 238 | Mich. | 1897
The defendants executed an instrument, of which the following is a substantial copy:
April 7, 1893.
Cleveland Repining Co.
Ship to Dunning Bros. •
P. O., Menominee. County,-. State, Michigan.
F. O. B. Cleveland. Time, April 30,' ’93.
Route,--.
10 bbls. 15 cold test black oil.
Dunning Bros. & Co., Purchaser. No.-. Terms, 60 da. M. J. Walsh, Agent.
This instrument was a blank form presented by plaintiff, and duly filled, as above. The goods having been, shipped and refused, action was brought to recover the price. The defendants sought to show that the blank order was filled out at the solicitation of the plaintiff’s
The judgment is reversed, and a new trial ordered.