Otto Misch Co. v. E. E. Davis Co.

McDonald, J..These two cases were tried together in the court below and are here in the same record. They will be disposed of in one opinion. In the first case, the plaintiff entered into a contract with the board of education of the city of Detroit for the erection of the Lynch sehoolhouse. A guaranty was required that the construction of the roof, which was designed for a playground, should be in accordance with the plans and specifications, without defects in workmanship and materials, and would not leak for a period of ten years after completion. The plaintiff sublet the construction of…