City of Detroit v. Grant
Michigan Supreme Court
Error to Wayne; Donovan, J. Debt by the city of Detroit against Archibald Grant on an indemnity bond under a paving contract. From a judgment for plaintiff on verdict directed by the court, defendant brings error. The defendant had a contract with plaintiff for paving a street in Detroit.
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Error to Wayne; Donovan, J. Debt by the city of Detroit against Archibald Grant on an indemnity bond under a paving contract. From a judgment for plaintiff on verdict directed by the court, defendant brings error. The defendant had a contract with plaintiff for paving a street in Detroit. The contract was dated August 1, 1894. Defendant agreed— “To erect and maintain a good and sufficient fence, railing, or barrier around any and all excavations necessary for said work, in such manner as to prevent accidents; to place upon such railing or fence or barrier, at twilight on each day, suitable…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Grant had agreed to save the city harmless from all loss and damage which the city should suffer in consequence of any negligence on his part in doing the work. Mr. Dooley sued both him and the city. By agreement between Grant and Dooley, the suit as to Grant was discontinued. He knew he was liable for any damage that might result. Instead of contesting the suit, he chose to procure its discontinuance as to him, and apparently without any notice to or consent of the city. No written notice is required in cases of this character, as is required to be given to the…
2Cases cited3 opinions
- Consolidated Hand-Method Lasting Machine Co. v. BradleyMassachusetts Supreme Judicial Court · 1898
- Mason v. KelloggMichigan Supreme Court · 1878
- Hines v. Estate of JenkinsMichigan Supreme Court · 1887
3Cited by11 opinions
- Tankrederiet Gefion A/S v. Hyman-Michaels Co.Court of Appeals for the Sixth Circuit · 1969
- Village of Portland v. Citizens Telephone Co.Michigan Supreme Court · 1919
- Buffa v. General Motors CorporationDistrict Court, E.D. Michigan · 1955
- State v. Bloomfield Construction Co., Inc.Supreme Court of Connecticut · 1940
- Grant v. MaslenMichigan Supreme Court · 1908
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