Legal Opinion

City of Huntington Woods v. Ajax Paving Industries, Inc

Michigan Court of Appeals

Decided June 5, 1989No. Docket 105176PublishedCited by 7 opinions

1Opinion of the CourtMarilyn Kelly, J.

The City of Huntington Woods appeals as of right from an order of the Oakland Circuit Court dismissing its complaint against Ajax Paving Industries, Inc., pursuant to MCR 2.116(0(10). This lawsuit arose out of a paving contract between the parties. Huntington Woods sought damages for intentional and innocent misrepresentation and enforcement of an engineer’s award. The circuit court ruled the cause was barred, because the City had not filed its original claim with the engineer within the time limit set in the contract. We reverse and reinstate the complaint.

On May 25, 1984, Ajax agreed to do…

2Cases cited5 opinions

  1. Detroit Automobile Inter-Insurance Exchange v. GavinMichigan Supreme Court · 1982
  2. Liddell v. Detroit Automobile Inter-Insurance ExchangeMichigan Court of Appeals · 1981
  3. Brown v. Holton Public SchoolsMichigan Supreme Court · 1976
  4. In Re Chambers'estateMichigan Supreme Court · 1952
  5. Lanzo Construction Co. v. City of Port HuronMichigan Court of Appeals · 1979

3Cited by7 opinions

  1. CMS Energy Corp. v. Attorney GeneralMichigan Court of Appeals · 1991
  2. City of Huntington Woods v. Ajax Paving Industries, Inc.Michigan Court of Appeals · 1992
  3. Union School District 45 v. Wright & Morrissey, Inc.Supreme Court of Vermont · 2007
  4. City of Huntington Woods v. Ajax Paving Industries, Inc.Michigan Court of Appeals · 1989
  5. Leite v. Dow Chemical Co.Michigan Court of Appeals · 1990

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