Thornton Construction Co. Inc. v. MacKinac Aggregates Corp.

Defendant appeals a judgment of the circuit court which awarded plaintiff damages for breach of contract and only awarded defendant part of its counterclaim.

On September 22, 1962, the disputing parties in this case executed a written contract wherein Mackinac Aggregates Corporation (Mackinac) granted Thornton Construction Company (Thornton) permission to remove from defendant’s Romano pit “all of the concrete paving aggregates required for the 1-75 described as project No. BI49025 E 18 RN and C 19 RN.” After taking approximately one half of the aggregates in the fall of 1962, Thornton refused…