Legal Opinion

DeMARE BROTHERS CONST. CO., INC. v. Teska

Michigan Court of Appeals

Decided September 26, 1973No. Docket 14241PublishedCited by 17 opinions

1Opinion of the CourtV. J. Brennan, P. J.

Plaintiffs suit seeks the balance due on a contract to construct a residence for the defendants. Defendants claimed that plaintiff was not, at all necessary times, licensed as a residential builder as required by statute (MCLA 338.1501; MSA 18.86[101]); and that that fact bars plaintiffs suit (MCLA 338.1516; MSA 18.86[116]).

Defendants moved for summary judgment pursuant to GCR 1963, 117.2(3) arguing that there was no issue of fact regarding plaintiffs capacity to maintain his lawsuit. This motion was not supported by affidavits as required by GCR 1963, 117.3. The trial court granted…

2Cases cited1 opinion

  1. International Chemical Workers Union, Local 179 v. SwenorMichigan Supreme Court · 1962

3Cited by17 opinions

  1. Borman's, Inc. v. Lake State Development Co.Michigan Court of Appeals · 1975
  2. Stefan v. WhiteMichigan Court of Appeals · 1977
  3. Hayes v. Booth Newspapers, Inc.Michigan Court of Appeals · 1980
  4. Pennington v. Washtenaw County SheriffMichigan Court of Appeals · 1983
  5. Wright v. White Birch Park, IncMichigan Court of Appeals · 1982

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