Legal Opinion
Cooke Contracting Co. v. Department of State Highways 1
Michigan Court of Appeals
Decided September 10, 1974No. Docket 13465PublishedCited by 10 opinions
1Opinion of the CourtJ. H. Gillis, P. J.
We granted application for rehearing to attempt resolution of facts and issues causing a three-way split of opinion in Cooke Contracting Co v Department of State Highways, 50 Mich App 253; 213 NW2d 262 (1973). The facts are fully set out in that opinion; a detailed reiteration is unnecessary to consider the sole issue meriting discussion.
Cooke Contracting /unanimously found substantial compliance with the statute requiring notice of the time when the claim arose. MCLA 600.6431(1); MSA 27A.6431(1). That holding remains undisturbed.
The crucial, divisive issue is whether plaintiffs claim was…
2Cases cited4 opinions
- Terry Contracting, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1967
- Oak Construction Co. v. Department of State HighwaysMichigan Court of Appeals · 1971
- Mount Vernon Contracting Corp. v. StateNew York Court of Claims · 1967
- Cooke Contracting Co. v. Department of State HighwaysMichigan Court of Appeals · 1973
3Cited by10 opinions
- Brasel & Sims Construction Co. v. State Highway Commission of WyomingWyoming Supreme Court · 1982
- Kensington Corp. v. Department of State HighwaysMichigan Court of Appeals · 1977
- Smith v. Department of TreasuryMichigan Court of Appeals · 1987
- Bays v. Department of Civil ServiceMichigan Court of Appeals · 1975
- Brasel & Sims Construction Co. v. State Highway Commission of WyomingWyoming Supreme Court · 1982
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