131 Mich. 684 | Mich. | 1902
Plaintiffs sued defendants to recover damages for the breach of a written contract. The case was appealed to the circuit court, where it was tried by the judge without a jury, who rendered a judgment in favor of the defendants. The case is brought here by writ of error.
The record discloses that in December, 1900, plaintiff entered into a written contract with defendants to sell them ten cars of hay. One car load was sent forward. A draft was drawn upon defendants, and was paid. It was the claim of plaintiff that afterwards some cars were loaded with hay, which Mr. Robert Chapman, acting for
The important question in the case was whether or not there had been a breach of the contract. If there had been no breach of the contract, the plaintiff could not recover, and all the other questions were immaterial. In Schuler v. Eckert, 90 Mich. 165 (51 N. W. 198), the judge refused to find upon certain questions of fact which were presented to him, and his action was affirmed, the court saying:
“A circuit judge is not required to pass specifically upon questions of fact presented by either party, where the same are immaterial to the issue, or are plainly and sufficiently answered in his general finding.”
It has been repeatedly held that the findings of fact by the circuit judge are in the nature of a special verdict, and conclusive in this court, if there is evidence to support them. Neumann v. Mining Co., 57 Mich. 104 (23 N. W.
The judgment is affirmed.