Baker Contractor, Inc. v. Chris Nelsen & Son, Inc.

This action was a civil suit for damages arising out of an alleged breach of implied promise. It was heard in Oakland county circuit court by jury. A judgment was entered for plaintiff. From this judgment defendant appeals.

In 1959, defendant Chris Nelsen & Son, Inc., was awarded a job of constructing a storm sewer for the city of Dearborn. On May 21, 1959, the defendant entered into a subcontract with plaintiff by which plaintiff was to pour the concrete storm sewer in a trench to be prepared by defendant. Defendant, in excavating, placed the spoil at the side of the excavation.

After the job…