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PETOSKY ASPHALT PAVING CO. v. MALOW

Docket No. 6, Calendar No. 48,917.

363 Mich. 13 (1961)

108 N.W.2d 768

PETOSKY ASPHALT PAVING COMPANY v. MALOW.

Supreme Court of Michigan.

Decided April 26, 1961.

Attorney(s) appearing for the Case

George Silitch, for plaintiff.

Matthews, Nank & Bruff (Reinhardt A. Nank, of counsel), for defendant.

PER CURIAM:

In 1957 defendant Malow, then as plaintiff, sued plaintiff Petosky Asphalt Paving Company, then as defendant, in Detroit common pleas to recover the allegedly agreed price of road gravel delivered by Malow for Petosky on 4 public road jobs. In that suit Petosky gave notice of setoff and recoupment, alleging that the delivered gravel did not satisfy contract specifications and, on account thereof and related allegations...

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