American Vitrified Products Co. v. Wyer

ALLEN, Circuit Judge.

This is an appeal from a judgment in favor of plaintiffs1 in an action to recover damages alleged to have been sustained due to delivery by defendant, American Vitrified Products Company, of defective sewer pipe and failure to make timely delivery of pipe for the construction of a sewer which plaintiffs were installing in the city of Roosevelt Park, Michigan, in 1951. In the fall of 1950 plaintiffs Wyer and Hansen agreed to form a joint venture for the purpose of bidding upon a contract with the city *449of Roosevelt Park, Michigan, for an extensive sewerage construction…