Tel-Twelve Shopping Center v. Sterling Garrett Construction Co.

On September 4, 1965, defendant Sterling Garrett Construction Company, Inc., a Michigan corporation, entered into an agreement with Aaron H. Gershenson, and others, doing business as Tel-Twelve Shopping Center, hereinafter referred to as Tel-Twelve. The contract provided that, for a fixed sum of money, defendant would furnish labor and materials incident to and necessary for general grading and utilities work for Tel-Twelve.

Subsequent to'the execution of the contract and during its performance by defendant, a controversy arose between Mr. Edward E. Shile, and others, who owned property…