City of Owosso v. Barber Asphalt Paving Co.
Michigan Supreme Court
Error to Shiawassee; Gilday, J., presiding. Assumpsit by the city of Owosso, a municipal corporation, against the Barber Asphalt Paving Company, a corporation, and another, for the recovery of costs paid by plaintiff in a suit in which defendants indemnified plaintiff against loss. Judgment for plaintiff on a verdict directed by the court. Defendants bring error.
1Opinion of the CourtBird, J.
We are asked by defendants to review a judgment recovered by plaintiff under the direction of the court for $1,842.54 on account of certain costs which the city became liable to pay in another suit in which defendants indemnified the city against loss.
The history of the transactions out of which plaintiff’s claim grows shows that in February, 1903, the defendant Barber Asphalt Company was the successful bidder for the contract to construct certain pavement for the city of Owosso. Before the contract was closed the city was advised by Warren Bros. Company that the pavement proposed to be…
2Cases cited2 opinions
- Warren Bros. Co. v. City of OwossoCourt of Appeals for the Sixth Circuit · 1909
- Hayden v. HefferanMichigan Supreme Court · 1894
3Cited by1 opinion
- Jones v. O'DonnellMichigan Supreme Court · 1940