Staffon v. Lyon
Michigan Supreme Court
Error to Mason; McMahon, J. Case by Jacob Station against Thomas R. Lyon and others for failure to require the statutory bond of a contractor for the construction of a school-house. From a judgment in his favor for less than the amount claimed, plaintiff brings error. The facts in this case are stated in 104 Mich. 249, and need not be here repeated.
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Error to Mason; McMahon, J. Case by Jacob Station against Thomas R. Lyon and others for failure to require the statutory bond of a contractor for the construction of a school-house. From a judgment in his favor for less than the amount claimed, plaintiff brings error. The facts in this case are stated in 104 Mich. 249, and need not be here repeated. Upon the second trial the court instructed the jury that, if they found for the plaintiff, they could only find for such portions of the claim as were not barred by the statute of limitations. The court held that the negligence consisted in not…
1Opinion of the CourtGrant, J.
(after stating the facts). The instruction was correct. His right of action against defendants accrued immediately upon default in payment by Briggs in accordance with the terms of his contract with Briggs, which were the same as the contract between Briggs and the school board, so far as payments were concerned. This action is based upon tort, not upon contract. Usually, in tort, the damage immediately follows the act, and the right of action accrues at once. But in this case the negligence and the damage were not simultaneous, and there could be no right of action until the damage resulted.…
2Cited by1 opinion
- Jackson v. American Can Co., Inc.District Court, W.D. Michigan · 1980