Burke v. Gaukler Storage Co.

Defendant Gaukler Storage Company claims that the circuit court erred in (1) finding a mutual termination of the contract for paving by Burke of defendant’s lot, and (2) awarding $1,760.50 to plaintiff in quantum meruit.

This Court will only reverse findings of fact which are clearly erroneous. GCEt 1963, 517.1; Insurance Company of North America v. Iroff (1967), 9 Mich App 151. The record shows sufficient evidence to support the circuit court’s finding of mutual termination.

Defendant insists that the measure of the amount recoverable in quantum meruit must be the benefit to the party unjustly…