143 Mich. 246 | Mich. | 1906
This cause has been before us on a former occasion. The plaintiff had recovered a judgment, which was reversed. See 138 Mich. 150. Another trial has resulted in a verdict and judgment for the defendant, of no cause of action, and items of cost amounting to $75 were deducted to which defendant thinks himself entitled, and has appealed.
The action was begun before a justice of the peace, to recover for a balance for hay sold and delivered and for damages for the alleged refusal of the defendant to receive and pay for a quantity of hay in accordance with a contract between the parties. The evidence shows that plaintiff had two kinds of hay, timothy and clover, stacked on his farm. Defendant purchased it at $4.50 per ton, and was to have it pressed and baled on the premises, plaintiff to furnish some aid in the way of labor. The hay was for shipment in cars, to be furnished by the defendant as needed, plaintiff to draw the hay, and deliver it on board cars which defendant was to have at the station to load hay in when baled. After a quantity, of hay was baled it was delivered at the station Saturday night, and was found to be somewhat in excess of the capacity of the cars then there. On Monday, plaintiff asked defendant’s men to bale the clover hay before finishing the timothy, which they refused to do, saying that defendant’s instructions were to finish the timothy first. Plaintiff thereupon refused to assist, and after a time the defendant’s men left the place.
The judgment is affirmed.