Hakkinen v. Lake Superior District Power Co.

I would affirm the trial court’s judgment for plaintiffs (not its alternative findings). After exploring numerous cases, many substantively aligned with the majority, I nevertheless conclude that the trial judge’s application of equitable principles to bar reimbursement in this case was appropriate and proper. Further, Hix v Besser Co, 386 Mich 499; 194 NW2d 333 (1972), decided just after Hakkinen #1,1 which applied the waiver doctrine to this area, modified preexisting law. Application of "res judicata” or its offshoots is improper in this context, especially absent a final judgment.

The…