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Contracts Keyed to Fuller
Keller v. Holderman
Citation:
11 Mich. 248 (1863)Facts
Jacob Holderman brought an action against Jacob F. Keller to recover $300 for a check Keller had written. The check was given in exchange for an old silver watch valued at approximately $15. Keller took possession of the watch and kept it until the day of trial, when he offered to return it to Holderman, who refused to accept it. The Circuit Judge found as a fact that “the whole transaction between the parties was a frolic and banter, the plaintiff not expecting to sell, nor the defendant intending to buy the watch at the sum for which the check was drawn.” When Keller wrote the check, he had no funds in the banker’s hands and had intended to include a condition in the check that would prevent liability, but failed to do so.
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