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Contracts Keyed to Summers
Walker & Co. v. Harrison
Citation:347 Mich. 630, 81 N.W.2d 352
Walker & Company (“Walker”) (plaintiff) entered into a written contract with Herbert Harrison (defendant) to construct and install a neon sign for Harrison’s dry-cleaning business. In the same contract, Harrison agreed to lease the sign from Walker for 36 months for $148.50 per month, while Walker agreed to maintain and service the sign. In July 1953, Walker completed and installed the sign. In August 1953, Harrison made the first (and what ended up being the last) monthly payment for the sign. Shortly after the sign was installed, someone hit it with a tomato. Harrison then discovered that there was rust on the sign and “little spider cobwebs” on its corners. Harrison repeatedly requested maintenance on the sign. Walker, however, did not service the sign. On October 8, Harrison telegraphed Walker stating that the parties no longer had a contract. Walker cleaned the sign a week later. Walker sent Harrison a letter, stating that if Harrison stopped making payments, then he would refer the matter to his collections attorney. Harrison refused to make any additional payments for the sign. As a result, Walker sued to recover the $5,197.50 balance due under the contract.
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