74 Mich. 208 | Mich. | 1889
This suit was brought to recover damages for the breach of an alleged contract for the sale of a-boat. The plaintiff recovered judgment in the Missaukee circuit court for the sum of $133.15.
The evidence of the contract was this: On or about July 10, 1887, the plaintiff, who lived at Lake City, had a talk at that place with the defendant Hitchcock. Hitchcock asked him what he would take for his boat. Plaintiff tplc) hinj hq would take $800 for it there on the
“Lake City, Mich., July 15, 1887. “Mess. Hitchcock & Mernan,
“ Muskegon, Michigan.
“ Dear Sirs: I will deliver the steam-boat on the cars
in Muskegon for the price agreed upon, $900, if you will unload it there. As you are strangers to me, i would want you to deposit the money in the bank of D. A. Blodgett, at Cadillac, subject to my order, when the boat is delivered on cars, or m some way secured before the boat is shipped from here. Please let me hear from you at once, and oblige, Yours respectfully,
“John W. Whiteford"
He received the following reply:
“Muskegon, Mich., July 18, 1887. “John W. Whiteford, Esq.,
“ Lake City, Michigan.
“Dear Sir: Your letter of the 15th inst. is at hand, and contents noted. We will give you $900 for your boat delivered in Muskegon lake. We will unload the boat, and charge the same to you. We will secure your pay on delivery of the boat in this city. If you accept this proposition, telegraph us at once, as Mr. Mernan has been looking at another boat.
“Yours very truly,
“Hitchcock & Mernan."
Hpon the receipt of this letter he at once telegraphed as follows :
“Lake City, Mich, July 19, 1887. “Mess. Hitchcock & Mernan,
“Muskegon, Michigan :
“Will send boat on G-. R. & I. this week. Be in Muskegon first nest week. Will come myself.
“J. W. Whiteford."
This telegram was not personally delivered. The defendants living in North Muskegon, the message, when
“Muskegon, Mich., July, 1887.
“J. W. Whiteford, Esq.,
“Lake City, Mich.:
“We did not receive your dispatch until Saturday, so have made other arrangements.
“Hitchcock & Mernan.”
He sent them another dispatch, and received the following letter in reply:
“Muskegon, Mich., July 26, '87. “John W. Whiteford, Esq.,
“Lake City, Mich.
“Dear Sir: Your dispatch of the 25th inst. came duly • to hand. In answer, we wish to say that when we wrote you that we would take the steam-boat at $900, delivered in Muskegon lake, we asked you to telegraph us if you accepted the offer, because we were about to enter into other business relations, and wanted to know at once if you accepted our offer. You telegraphed on Tuesday, July 19, and the dispatch was not delivered until Saturday night, and we had, of course, concluded that you had not accepted our offer, and we are therefore under the necessity of refusing to take the boat. We are exceedingly sorry, but we see no redress for -you but to look to the G. B. & I. Telegraph Company for damages for not delivering your message.
“Yours respectfully,
“Hitchcock & Mernan.”
We think the court erred in holding that a contract was established between the parties. It will not be necessary to inquire into the rulings of the court upon
The judgment of the court below is reversed, and with costs of both courts. We see no necessity for a new trial.