Miller v. Bick

In May, 1928, defendant, a resident of Toledo, Ohio, entered into a contract with the Wolverine Power Company to construct a dam for it on the Tittabawassee river at Edenville, in Gladwin county. On July 2, 1923, he entered into separate written agreements with Mann & Stewart and Jesse L. Trapp to make the fills required in the construction of the dam. These contracts provided that if these subcontractors abandoned the work, or failed to prose cute it with diligence, or lost control thereof, the plaintiff might take possession of the work and “all tools, machinery, teams, implements, and…