Bingham v. Brands

• Decision Date: 20 January 1899
• Citation: 119 Mich. 255,77 N.W. 940
• Court: Michigan Supreme Court
• Parties: BINGHAM ET AL. v. BRANDS ET AL.

77 N.W. 940

119 Mich. 255

BINGHAM ET AL. v. BRANDS ET AL.

Supreme Court of Michigan

January 20, 1899

Error to circuit court, Shiawassee county; Stearns F. Smith, Judge.

Action by Washington Bingham and another against William D. Brands and another. A demurrer to the declaration was sustained, and plaintiffs bring error. Affirmed.

Selden S. Miner, for appellants.

Albert L. Chandler, for appellees.

LONG, J.

This suit was commenced by filing the following declaration "For that whereas, heretofore, to wit, on the 3d day of May, in the year of our Lord one thousand eight hundred and ninety-seven, said plaintiffs and said defendants entered into the following contract, to wit: 'This agreement made in duplicate, this third day of May, in the year of our Lord one thousand eight hundred and ninety-seven, by and between William D. Brands and Robert Thompson, parties of the first part, and Clare S. Bingham and Washington Bingham parties of the second part, as follows, witnesseth: That the said parties of the first part hereby agree to sell and deliver to second parties what stockmen call good feeding lambs, to be delivered to second parties as follows: 1,000 lambs to be delivered any time during the first week in September, 1897, and 1,000 lambs to be delivered at any time during the last week in October, 1897, at the stock yards at Kirby, in Shiawassee county, Michigan, and the price and quality is to be as follows: No lambs are to weigh less than fifty pounds, no buck lambs, and no culling of lots, except to take out the bucks or the lambs; all to be delivered, with the exception of buck lambs, as they are purchased from the farmers, and all to be Michigan wooled lambs; and price to be paid is four and one-fourth cents per pound for each lamb so sold of the 2,000 lambs. And second parties agree to buy of first parties 2,000 lambs at the time, place, price,and quality above stated, and to pay therefor the sum of four and one-fourth cents per pound when delivered, and second parties agree, in consideration of the above agreements of the first parties, not to buy, nor offer to buy, any Michigan feeding lambs, of the kind or quality herein mentioned, in Genesee or Shiawassee counties at any time before the first day of November, 1897; and second parties also agree that they will not buy, nor offer to buy, any lambs to be fattened by the seller nor themselves during the winter of 1897 and 1898, in lots of less than 200 lambs.' And whereas, said plaintiffs, relying upon said contract, did all things that were necessary for them to do, as in said contract mentioned and on the first day of September were ready, willing, and desirous of taking said 1,000 lambs as required and specified in said contract, yet said defendants, desiring to injure said plaintiffs, neglected and refused to deliver to said plaintiffs said lambs as required in said contract, and still refuse and neglect to deliver said lambs as in said contract specified, except 647, which have been delivered by said defendants to said plaintiffs as specified in said contract, leaving a balance of 353 lambs, which were to be delivered by said defendants to said plaintiffs at the stock yards at Kirby, in Shiawassee county, as specified in said contract, which said defendants refused and neglected to deliver as specified in said contract, and still refuse and neglect to deliver said lambs to said plaintiffs, as required in said contract." The defendants interposed the following demurrer: "In this cause the defendants say that the declaration of the plaintiffs is not sufficient in law; that the contract set forth in said declaration, upon which a recovery is sought, is made void by the statutes of this state, in that, among other things, it attempts to enhance, control, and regulate the market price of sheep, and to prevent and restrict free competition in...