NESTER V. MICHIGAN LAND & IRON CO., LTD.
69 Mich. 290, 37 N.W. 278 (1888)
NATURE OF THE CASE: This was a dispute over the sale of timber.
FACTS: Nester (D) entered into a contract with Michigan (P) for the sale of standing
timber on P's land. The price was $27,000 payable one quarter down and the rest in equal
installments with the timber not being cut faster than paid for. P then immediately
proceeded to cut all the time after only one payment. P then sued to make D accept one half
the purchase price on the grounds that the quality of the timber was bad and both parties
were mistaken over the nature of the quality. The lower court found for P for $12,798.48. D
appealed; P was acting on the advice of his own agents and the mistake was unilateral and D
had never warranted the quality of the timber of that than a minimum yield.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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