Borman's, Inc. v. Lake State Development Co.

This is an appeal from an order granting defendants’ motions for summary judgment for failure to state a cause of action, GCR 1963, 117.2 (1).

The plaintiff Borman’s, Inc. entered into a lease agreement on May 9, 1966, with one of the defendants, Lake State Development Co., whereby Lake State agreed to construct a shopping center.and warranted that storm and sanitary sewers would be "available to the leased premises”.

Lake State Development Co. contracted with defendant Tri-Cities Construction and Supply Co. for the construction of the sewers; and Tri-Cities Construction and Supply Co. in turn…