MOHAWK LBR. & SUPPLY CO. v. PETIX

Docket No. 9, Calendar No. 46,982.

349 Mich. 323 (1957)

84 N.W.2d 467

MOHAWK LUMBER & SUPPLY CO. v. PETIX.

Supreme Court of Michigan.

Rehearing denied October 7, 1957.


Attorney(s) appearing for the Case

David M. Miro, for plaintiff.

Flynn & Ruskowski, for defendant Anthony T. Lapenta, receiver of Bloomfield Homes, Inc.

Goldsmith & Rosen, for defendants Petix.


VOELKER, J. (for reversal).

The plaintiff filed its bill of complaint to foreclose a mechanics' lien against the Oakland county premises of the defendants Petix, for materials furnished the defendant contractor Bloomfield Homes, Inc., in building a house thereon. The bill was founded on 2 separate items and the plaintiff alleged in its sworn bill of complaint that it caused "to be served on the defendants, Samuel...

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