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Contracts Keyed to Fuller
Nester v. Michigan Land & Iron Co.
Citation:
37 N.W. 278 (1888)Facts
In September 1885, Michigan Land & Iron Company sold Thomas Nester all merchantable pine timber on certain lands for $27,000, payable in installments. The contract specified that timber was not to be cut faster than paid for. After making only one payment, Nester cut and removed all the pine. When the company initiated replevin proceedings, Nester filed a bill seeking to enjoin the action and to reduce the purchase price, claiming mutual mistake about the timber’s quality and quantity. The evidence showed that Nester had extensive experience in the lumber business and had previously purchased timber from the defendant. During negotiations spanning several months, the company repeatedly refused to sell by volume or guarantee any estimates, insisting that Nester rely on his own inspection. Nester did have the timber examined by his own agent before purchase. The contract contained no warranty or representation regarding quantity or quality.
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