Legal Opinion

Ayers v. Genter

Michigan Supreme Court

Decided September 20, 1962No. Docket 15, 16,. Calendar 49,126, 49,127PublishedCited by 26 opinions

1Opinion of the CourtOtis M. Smith, J.

As general contractor, defendant Genter entered into a contract with a school district .in Mason county to construct a new addition. The Ayers Plumbing & Heating Company, of which. the plaintiff Ayers is a copartner and plaintiff Anderson is an employee, subcontracted to install a 5,000-gallon fuel oil tank underground outside the school as part of the school’s heating system.

On the morning of February 9, 1957, plaintiffs attempted to excavate a hole for installation of the tank by using a .crane shovel. However, the shovel was unable to penetrate the frozen surface of the earth. Just as the…

2Cases cited14 opinions

  1. Jones v. ChambersMichigan Supreme Court · 1958
  2. Utley v. Taylor & Gaskin, Inc.Michigan Supreme Court · 1943
  3. Hebert v. Ford Motor Co.Michigan Supreme Court · 1938
  4. Sergeant v. KennedyMichigan Supreme Court · 1958
  5. Besonen v. CampbellMichigan Supreme Court · 1928

9 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Renfroe v. Higgins Rack Coating & Manufacturing Co.Michigan Court of Appeals · 1969
  2. Ladner v. Vander BandMichigan Supreme Court · 1965
  3. Ford v. MitchamCourt of Civil Appeals of Alabama · 1974
  4. Fidelity & Casualty Co. of New York v. DeShoneMichigan Supreme Court · 1971
  5. Dearborn Heights School District No 7 v. Wayne County MEA/NEAMichigan Court of Appeals · 1999

21 more not listed; retrieve them via the Exa API.

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