Detroit Edison Co. v. State

This case was duly assigned to the writer at the beginning of our present June term. In pursuance of such assignment the following opinion is submitted to members of the Court this 22d day of July, 1960.

We split in this case for and against a doctrine that the law implies and so exacts an actionable promise of the State to repay that which it has wrongfully taken by the bludgeon of coercion. If such promise is implied, and I hold that it is whether the unwilling promisee happens to be person, corporation, municipal unit, or the State itself, then it is visibly actionable at plaintiff’s…