Herman H. Hettler Lumber Co. v. Olds

Citations

• 221 F. 612
• 137 C.C.A. 336
• 1915 U.S. App. LEXIS 1363

Syllabus

<p>J, Trial <@=>178—Direction of Verdict—Conflicting Evidence.</p> <p>On a motion for a directed verdict, the testimony against the moving party must be construed in the light most favorable to the other party, and if such proof, so construed, fairly raises a controversy of fact, and, if believed by the jury, is sufficient to support a verdict against the moving party, the determination of such controversy of fact is for the jury, no matter how greatly the court may judge the testimony to preponderate in favor of the moving party.</p> <p>[Ed. Note.—Eor other cases, see Trial, Cent. Dig. §§ 401-403; Dec. Dig. <@=>178.]</p> <p>2. Sales <@=>168—Inspection by Third Party—Concltjsiveness.</p> <p>In Michigan, where lumber is sold to be inspected and graded by an inspector agreed upon by the parties, his inspection is impeachable only for fraud or mistake so gross as to be in effect equivalent to fraud, and’ an honest error of judgment in the chosen inspector will not overthrow his conclusion, though as an effect thereof there is a measurable difference of results from those obtained’by other equally reliable inspectors.</p> <p>[Ed. Note.—Eor other cases, see Sales, Cent. Dig. §§ 403-408; Dec. Dig. <@=>168.1</p> <p><@=»For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>8. Sales ©=>168—Inspection by Third Party—Conclusiveness.</p> <p>Where delivery of lumber after an inspection and grading by an inspector agreed upon by the parties to a sale thereof was to be made in Michigan, the law of Michigan as to the eonclusiveness of such inspection and grading must be applied.</p> <p>[Ed. Note.—For other cases, see Sales, Cent. Dig. §§ 403-408; Dec. Dig. ©=>168.]</p> <p>4. Salks ©=>181—Actions for Price—Evidence—Impeaching Inspection.</p> <p>Though, under the rule in Michigan, an inspection and grading of lumber bv an inspector agreed upon by the parties to a sale thereof cannot be impeached for a mere error of judgment, however substantial, evi