Manufacturers Construction Co. v. Covenant Investment Co.

Plaintiff sued defendants for breach of a contract to repair defendants’ premises which were damaged by fire. Defendants filed a motion for accelerated judgment based upon the affirmative defense of lack of capacity to sue. The trial judge granted this motion and plaintiff appealed by right.

On November 29, 1968, a fire occurred on defendants’ premises located in the City of Detroit, substantially damaging the property. On the same day defendants 1 entered into a contract with plaintiff to repair the property in consideration for the adjusted proceeds from the fire-insurance coverage in…