Lenz v. City of Detroit

I do not agree that the statute of limitations (CLS 1956, § 609.13 [Stat Ann 1959 Cum Supp § 27.605]) barred institution of this assumpsit action.

That statute, as applied today by the Court, would have barred plaintiff’s first assumpsit action, Lenz v. City of Detroit (1960), 361 Mich 166, yet our majority’s affirmance of the trial court’s judgment *161of no canse in that case was based solely upon the fact that plaintiff had failed to present a claim to the city of Detroit in accordance with requirements of its charter. Three months after that decision, plaintiff presented his claim to the city…