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Gibson v. Cranage

Michigan Supreme Court

39 Mich. 49 (1878)

Relevant factsFree

Gibson (plaintiff) commissioned an enlarged portrait of Cranage's (defendant) deceased daughter, expressly promising Cranage he would owe nothing unless completely satisfied with the result; when the finished portrait didn't please Cranage, he refused it, and even after Gibson had the artist attempt modifications, Cranage refused to even examine the revised version and cancelled the order. Gibson sued for the contract price, and after Cranage reiterated his dissatisfaction at trial, Gibson appealed an adverse ruling.

IssueFree

Whether, if an express contract between seller and purchaser requires that the article to be purchased meet the unqualified approval of the purchaser, such approval is a condition precedent to the purchaser's obligation to pay.

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