BIRKNER v. PURDON

Docket No. 7,191.

27 Mich. App. 476 (1970)

183 N.W.2d 598

BIRKNER v. PURDON

Michigan Court of Appeals.

Decided October 28, 1970.


Attorney(s) appearing for the Case

Darden, Neef & Heitsch, for plaintiff.

Kenney, Kenney, Chapman & Prather (John A. Cook, of counsel) for defendant.

Before: J.H. GILLIS, P.J., and DANHOF and MAHINSKE, JJ.


J.H. GILLIS, P.J.

This is an action on an oral contract for the sale of Christmas trees. Plaintiff Birkner, a grower and wholesaler of scotch pines, sued to recover an unpaid purchase price due on the contract. Defendant Purdon, a lot-retailer, counterclaimed, alleging that the trees delivered did not meet contract requirements and were of inferior quality. The case was tried by the court sitting without a jury. From...

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