Commercial Construction Co v. Elsman Enterprises, Inc.

Plaintiff brought suit in the Kalamazoo County Circuit Court against defendant for labor and materials furnished under contracts both written and oral for the construction of a Dog ’n Suds Drive-In restaurant in Parchment, Michigan, after its request for payment was refused by the defendant. Defendant by way of defense, as well as in a counterclaim, alleges that the plaintiff failed to com píete the building on time, thus causing defendant loss of profits, and that there were various omissions and deficiencies in the construction.

The trial court, sitting without a jury, rendered an eight page…