Germain v. Union School District
Michigan Supreme Court
Error to Montcalm; Mayne, J., presiding. Assumpsit by George F. Germain against the Union School District of the city of Stanton upon a building contract. A judgment for plaintiff is reviewed by defendant on writ of error.
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Error to Montcalm; Mayne, J., presiding. Assumpsit by George F. Germain against the Union School District of the city of Stanton upon a building contract. A judgment for plaintiff is reviewed by defendant on writ of error. On September 26, 1905, plaintiff entered into a written contract with defendant to erect a large school building for the sum of $15,820. The building, by the terms of the contract, was to have been completed on or before August 1, 1906, provided that, “In case any delay shall arise from * * * any strike in building trade or other cause clearly beyond control of the said…
1Opinion of the CourtBrooke, J.
(after stating the facts). There are a great many assignments of error, only a few of which will be considered. It is claimed by defendant that no testimony on the part of the plaintiff should have been received, because of the fact that the plaintiff never received his final estimate from the architects or the school board, and neither alleged nor proved that the same was fraudulently withheld from him. In support of this position defendant cites Hanley v. Walker, 79 Mich. 607 (45 N. W. 57, 8 L. R. A. 207), and other cases. We are of the opinion that all the cases cited upon this proposition…
2Cases cited3 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Eaton v. GladwellMichigan Supreme Court · 1899
- Montgomery v. AllenMichigan Supreme Court · 1891
3Cited by6 opinions
- Garrett v. DodsonCourt of Appeals of Texas · 1917
- Newton v. Consolidated Construction Co.Michigan Supreme Court · 1915
- Pierson v. SmithMichigan Supreme Court · 1920
- Ginsberg v. MyersMichigan Supreme Court · 1921
- Superior Steel Spring Co. v. New Era Spring & Specialty Co.Michigan Supreme Court · 1921
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