154 Mich. 478 | Mich. | 1908
Former opinions of this court, in this case (140 Mich. 101; 148 Mich. 288) indicate the nature of the action, the issues, and the substance of the testimony produced. The facts made to appear upon the third trial are substantially those appearing upon each of the other trials. The jury rendered a verdict in favor of plaintiff. Judgment was entered on the verdict. A motion for a new trial was made, heard, and denied. Errors are assigned (1) upon rulings admitting certain testimony; (2) upon the charge given and upon refusals to charge the jury as requested by defendant; (3) upon the refusal to grant a new trial; and (4) upon exceptions taken to statements of counsel for plaintiff in the presence of the jury and in the argument of the case to the jury.
1. It appears, as it has twice before appeared, and the facts in this respect are in no way in dispute, that a manufacturing company contracted with a partnership association named Detroit Construction Company, Limited, to sell to it, and that it did sell and deliver to it, certain apparatus at an agreed price. By the terms of the contract, title and ownership of this property remained in the vendor until the contract price was paid. The contract was signed by both parties. Three members of the vendee partnership association guaranteed in writing payment of the contract price, and agreed to indorse the notes to be given for deferred payments. Before the apparatus was installed, the railway property of which it was to be and of which it became a necessary component part passed to defendant for value. The purchase price of the railway property was nciade and paid upon the theory that the railway property was complete; that is to say, upon the theory that the apparatus in question, or equivalent apparatus, had been or would be installed as a part of the railway property. A portion of the purchase price of the
2. We have examined the charge and the requests to charge preferred by defendant, and think that no error is pointed out. The court fairly submitted the single issue of fact involved in the case in a manner conformable with former opinions of this court.
8. The grounds of the motion for a new trial are, first,
4. We do not feel warranted in reversing the judgment for what counsel for plaintiff said in argument. It was in evidence that defendant had the guaranty of certain persons that the property conveyed to it should be free and clear from all liens and adverse rights or title or incumbrance except as enumerated. Counsel for plaintiff made a use of this testimony in argument objected to by defendant and called to the attention of the court. The court was of opinion that defendant’s counsel had in his argument made comments upon other testimony which made the argument objected to proper. The record does not set out the language to which the court referred. Counsel for plaintiff did not travel outside of the record.
No error appearing, the judgment is affirmed.