Greenfield Construction Co. v. City of Detroit

This is an appeal from an order granting defendant summary judgment based on plaintiffs failure to state a cause of action, GCR 1963, 117.2(1). We reverse in part and affirm in part.

Plaintiff, Greenfield Construction Company, Inc., entered into a contract with defendant, City of Detroit, requiring plaintiff to install a water main in Lapeer County. The contract provided that if there was a delay in performance, not caused by plaintiff, defendant could or would 1 extend the time for performance. It further provided that plaintiff could not sue for damages arising out of the delay.

Plaintiff was…