Earl Dubey & Sons, Inc. v. MacOmb Contracting Corp.

Plaintiffs Earl Dubey & Sons, Inc. and Sentry Insurance Company brought this action against defendant Macomb Contracting Corporation seeking rescission and restitution for breach of contract. A judgment was entered in favor of plaintiffs on April 26, 1976, which was subsequently affirmed by this Court. Earl Dubey & Sons, Inc v Macomb Concrete Corp, 81 Mich App 662; 266 NW2d 152 (1978), lv den 403 Mich 811 (1978), cert den 441 US 944; 99 S Ct 2163; 60 L Ed 2d 1046 (1979). Pursuant to the judgment plaintiffs served a writ of garnishment upon defendant State of Michigan. See GCR 1963, 738. The…