Magee v. Brown

1 Citing case

  1. Devitt v. Quirk

    306 N.W.2d 405 (Mich. Ct. App. 1981)   Cited 5 times

    They further argue that the proofs at most establish a minimal rather than a material breach of the covenant. The reverse side of the "retail-wholesale" definitional issue was considered by the Michigan Supreme Court in the case of Magee v Brown, 347 Mich. 638; 81 N.W.2d 413 (1957). The Court in that case recognized the principle that a seller is not allowed to derogate from his own sale and is not at liberty to destroy what he transferred or depreciate what he sold. There is evidence in this case that the sale of greenware to other dealers at a discount and without charging sales tax was a common course of conduct on the part of the Quirks.