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Hamilton-frothingham Suit

Hamilton-frothingham Suit image
Parent Issue
Day
25
Month
October
Year
1888
Copyright
Public Domain
OCR Text

Last Friday the Michigan supreme court reversed the decisión of the lower court in this wt-11-known case, and ordered a new trial. The dispute grew out of the sale of The Register by Dr. George Frothingham to the present owner. Joel W. Hamilton claimed that he had made a contract wi;h Dr. Frothingham whereby he wa9 to receive compensation for finding a purchaser for the office. The suit was ñrst tried in before Judge Joslyn, and resulted in ajudgment for Mr. Hamilton. The judge granted a new trial. It was tried again, this time before Judge Jennison, and resulted as belore. Tne supreme court granted a new trial, which was had in Cbt., 1887, resulting in a judgment of $1,280 for Mr. Hamilton. Now the supreme court bas again ordered another trial. Mr. Hamilton arrived from New Mexico last Friday, on the same day that the supreme court handed down the decisión. He is not certain whether or not he will press the case, becaue his business requires his presence in New Mexico. The ground on which thesuoreme oourt acted ia that the plaintiff at different times hos alleged different contracts with Dr. Frothingham, the first one being that he was to be given all above a certain amount for which tbe office might be sold, and the other that he was to receive $1000, no matter what was obtained in the sale of the office. The oourt said : " The plaintiff cannot be permitted to take a position now wholly inconsistent with that taken on former trials. The contract now claimed is wholly inconsistent with that claimed upon the former trials."

Article

Subjects
Old News
Ann Arbor Register