Moscone v. Mitoff

In the fall of 1966, plaintiff entered into a contract with G. B. S. Apartments, Inc., to install sewers. The work was to be done in a “workmanlike manner” for a total price of $11,682.

When the sewers were installed, the work did not meet the requirements of the City of Southfield’s building code. G. B. S. Apartments, Inc., then spent substantial sums for corrections in the sewer installations.

On October 15, 1968, plaintiff filed suit against G. B. S. Apartments and others for recovery of the contract price. The trial was held in January, 1970, and the trial court, sitting without a jury,…