Granite Roofing Co. v. Casler

• Decision Date: 10 October 1890
• Citation: 46 N.W. 728,82 Mich. 466
• Court: Michigan Supreme Court
• Parties: GRANITE ROOFING CO. v. CASLER et al.

46 N.W. 728

82 Mich. 466

GRANITE ROOFING CO. v. CASLER et al.

Supreme Court of Michigan

October 10, 1890

Error to circuit court, St. Clair county; ARTHUR L. CANFIELD Judge.

Action by the Granite Roofing Company against Richard Casler and Henry W. Cooley. Judgment for defendants, and plaintiff brings error.

Geo. P. Voorheis, for appellant.

E W. Harris, for appellees.

GRANT J.

Plaintiff is a manufacturer of a patent roofing in Pittsburgh, Pa Defendants were contractors doing business in Port Huron, in 1886. Negotiations were entered into between them relative to the handling and sale of this roofing by the defendants, and resulted in the following written memorandum: "Port Huron, Mich., May 19, 1886. This is to certify that I have given Casler & Company, of Port Huron, Mich., the full control to handle our patent granite roofing for the county of St. Clair, state of Michigan; also, Croswell, Michigan Lexington, Michigan; Imlay City, Michigan; Capac, Michigan. GRANITE ROOFING CO. Per E. D. HARTFORD." On the same day the following memorandum was made on the same paper as the above: "Sold Casler & Co. one car-load of roofing, to be paid for as sold; settlement to be made monthly of all sold." On May 20, 1886, defendants wrote the following letter to the plaintiff: "Port Huron, Mich., May 20 1886. Granite Roofing Co., Pittsburgh, Pa.-Gentlemen: Your favor of the 18th received and noted. Yesterday, the 19th, a gentleman representing himself as your agent, (he gave his name as E. D. Hartford,) he settled with us for $12.50, and receipted your bill. We hope that it is all right. We gave him an order for a car-load of granite roofing. It is to be No. 1 roofing, on felt, not with beeleek backing. That we don't want; but the felt roofing is all right,-that is, if it is as good as the sample that we have got. Yours, truly, CASLER & CO." The car-load was shipped and received by the defendants, they paying the freight, which was to be credited on the price of roofing. They stored it in a shed built for the purpose on the mill premises occupied by them. The agreed price for the car-load was $562.50. Defendants sold some, and made payments therefor, on July 12th and October 15th. April 1st Casler & Co. dissolved, Casler retiring from the firm, and selling his interest to Robert Campbell. The same business at the same place was carried on by the new firm under the name of Cooley & Campbell. In the sale to Campbell the roofing on hand was not inventoried or taken into account, but was left in the...