KMH Equipment Co. v. Chas J. Rogers, Inc.

Plaintiff-appellant, KMH Equipment Company, sought money damages in the Oakland County Circuit Court for unpaid rent on construction equipment arising out of the leasing of hydraulic backhoes to subcontractor Chas. J. Rogers, Inc. for use on certain construction projects. Admittedly, KMH had no direct contractual relationship with appellee general contractors but urges that it is a "materialman” entitled to protection and recovery under the trust provisions of the Michigan building contract fund act, MCL 570.151 et seq.; MSA 26.331 et seq. Oakland County Circuit Court Judge Frederick Ziem…