Gill v. S.H.B. Corporation

Plaintiffs appeal from an order dismissing the ease for failure of the declaration to state a cause of action.

Taking the well-pleaded matters in the declaration as true, it appears that defendant is an Ohio corporation admitted to do business in Michigan on March 30,1943; that on May 24,1943, plaintiffs entered into a written agreement with defendant to construct 108 dwelling houses on a cost-plus-fixed-fee basis upon lots in Wayne county which defendant had represented it owned; that after plaintiffs had begun con-' struction of 51 houses they learned that defendant did not own all of the…