Waatti & Sons Electric Co. v. Dehko

Plaintiff appeals as of right from the trial court’s order granting garnishee defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10). We reverse and remand.

Plaintiff filed the underlying action against Shaya Construction Company, Inc., alleging claims of open account, breach of contract, and unjust enrichment and obtained a default judgment against Shaya Construction for $30,480.32, with costs, on February 3, 1994. Shaya Construction was unable to pay the judgment. Shaya Construction, a general contractor, had contracted with garnishee defendant to construct garnishee…