211 Mich. 378 | Mich. | 1920
In 1916 plaintiff and one Jay Wyman entered into an arrangement whereby plaintiff was to furnish the money and Wyman was to buy hay at
While it is quite possible that we would agree with all that was said by the trial judge in his opinion if we measured and weighed the evidence and considered the law applicable thereto, we cannot upon the state of this record pursue our inquiry to the extent we are here asked. There has been no attempt.made to follow the provisions of Circuit Court Rule No. 45 or section 12586, 3 Comp. Laws 1915. No points of law were presented to the trial judge; there was no
But we are inclined to give this record the most liberal construction possible. Treating the opinion as a finding of fact and law duly excepted to we may consider whether the evidence supports the judgment. Oscar Daniels Co. v. City of Sault Ste. Marie, 208 Mich. 363. Turning to the testimony of the plaintiff [and that of Mr. Wyman we find an abundance of evidence to sustain the finding. We quote a few excerpts-from that given by plaintiff:
“I had never taken up the matter of a settlement with Wyman at the time of the fire. I will tell you that during all the time — I kept urging all the time. You see,*• the hay was sold — there was no question about that — the hay was sold and the only thing that I kept pushing him on, was getting it out, getting the hay shipped. I wanted it shipped out and the money got in so that we might have a settlement. * * *
“They paid me for all the stuff shipped out. I did not write to Chatterton & Son in connection with the deal. I went over there and talked with them per*381 sonally once or twice, because here was the idea with me: — I had sold it and the sooner I got my money out of it, the better it was for me, because I could use the money.
“Q. The terms of your deal with them were such that you sold them the hay as it rested in your warehouse?
“A. Yes. * * * I have never asked Chatterton & Son since the fire to pay me for the hay which they bought of me. I made delivery to them of the hay just as it stood in the Clare warehouse and the other warehouses and it was up> to them to do what they wanted' with it. They were in control of the hay through their Mr. Wyman. * * *
“Q. Why did you wait — if you had sold all this hay to Chatterton & Son, why did you wait until they shipped it out until you got your pay?
“A. I tried to get my pay, but I couldn’t get nothing. I tried to get them to make a settlement as to the full amount of it and. get it cleaned up.
“Q. You felt they owed you for the full amount whether they shipped it out or whether they didn’t?
“A. Yes, I feel that way.
“Mr. Lacy: Q. If they owe you that amount, John, what would they owe that to you for?
“A. What would they owe that to me for? For the hay; they wouldn’t pay for it only as they shipped it out.
“Q. Then their hay, and you had some money coming from it?
“A. That is the way I felt all the time.”
We also quote a couple of excerpts from the testimony given by Mr. Wyman:
“Q. They bought it all but they would only pay for it as it was loaded out of the building? •
“A. Yes. * * *
“Q. You understood it to be an out and out sale to Chatterton & Son — with the exception that they would not pay for it until it was actually loaded on the cars?
“A. Yes.”
There is testimony which may be said to shade and vary the effect of these excerpts. We have not quoted
The judgment must be affirmed.