Chatham Super Markets, Inc. v. Ajax Asphalt Paving, Inc.

Plaintiff contracted in writing with the Shefman Construction Company “to erect a supermarket building and make parking improvements” on plaintiff’s then vacant land in East Detroit. The covenants included one for construction and paving, by Shefman according to detailed plans and speci- fixations, of a large parking area adjacent to the building. Shefman subcontracted the parking area pavement job to defendant. The subbase and paving done by defendant turned out to be wholly defective with result that plaintiff was compelled to reconstruct and repave at a cost of $16,770.

Plaintiff sued the…