Beacon Plaza Shopping Center, Inc. v. TRI-CITIES CONSTRUCTION & SUPPLY CO.

This is an appeal by Beacon Plaza Shopping Center, Inc., plaintiff-appellant, from a judgment dismissing its complaint, and from judgment for defendant-appellee Tri-Cities Construction & Supply Company on its counterclaim against plaintiff for $31,580.93. The facts of the case are somewhat complicated for they involve three written contracts, a previous oral agreement, and conflicting testimony as to the facts of the matter as well as a dispute as to the duties assumed by the parties under the agreements.

In 1957, James H. YanZylen, of Grand Haven, became interested in building* a shopping…