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Danaher v. Garlock

Patrick M. Danaher v. William Garlock

Danaher v. Garlock, 33 Mich. 295 (1876)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 18, 1876
Citations
33 Mich. 2951876 Mich. LEXIS 37
Headnotes
Contractor: Sub-contractors: Agency: Authority: Contract relations: Ratification. Where sub-contractors have no authority to pledge the credit of their contractor for the board of their men, the mere fact of payment of a prior board bill upon the order of the sub-contractors, will not create any liability to pay subsequent bills; and in the absence of any showing of an original undertaking by such contractor, or of any act of ratification of any arrangement made by the sub-contractors, no recovery can be had against the former for such board bills incurred by the latter.
Summary
Error to Mason Circuit. Danaher had a contract to construct a portion of the Flint & Pere Marquette Railway, and sub-let a portion of the work to Fahy & Dye. This action was brought to charge Danaher with payment of certain indebtedness to G-arlock incurred by Fahy & Dye for the board of their laborers. The evidence showed, among other things, the payment by Danaher’s agent of a previous board bill upon the order of Fahy & Dye. The plaintiff recovered judgment, and defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam :

We think there is no material distinction between this case and Wells v. Martin, 32 Mich., 478 , as to the proof introduced to show liability.

. We discover no evidence in the record tending to show an original undertaking by Danaher, or any act of ratification of any arrangement which Fahy & Dye may have made, and the bill of exceptions states that the substance of all the testimony given is set out; and the judge, after refer *296 ring in his charge to the evidence supposed to bear on the point, stated that it was substantially the testimony produced by both parties.

The judgment should be set aside, with costs, and a new trial ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11903: 11905: 218962026peak 1905 · 2

Relies on it most ⓘ

  1. People ex rel. Boenert v. Barrett63 L.R.A. 82 (Ill. 1903)
  2. Wierman v. Bay City-Michigan Sugar Co.106 N.W. 75 (Mich. 1905)
  3. Somerville v. Wabash Railroad67 N.W. 320 (Mich. 1896) · Dissent
  4. In re Lee3 Ohio N.P. (n.s.) 533 (Oh. Ct. Com. Pl., Franklin Civil Division 1905)

Most recent

  1. Wierman v. Bay City-Michigan Sugar Co.106 N.W. 75 (Mich. 1905)
  2. In re Lee3 Ohio N.P. (n.s.) 533 (Oh. Ct. Com. Pl., Franklin Civil Division 1905)
  3. People ex rel. Boenert v. Barrett63 L.R.A. 82 (Ill. 1903)
  4. Somerville v. Wabash Railroad67 N.W. 320 (Mich. 1896) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Wells v. Martin, 32 Mich. 478 (1875) 5

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