JONES v. MARTZ & MEEK CONST. CO.

Docket No. 91, Calendar No. 48,290.

362 Mich. 451 (1961)

107 N.W.2d 802

JONES v. MARTZ & MEEK CONSTRUCTION CO., INC.

Supreme Court of Michigan.

Decided February 28, 1961.


Attorney(s) appearing for the Case

Leo A. Farhat, for plaintiffs.

Hubbard, Fox, Thomas & Born (Jack D. Born, of counsel), for defendants Equitable Life Assurance Society of the United States, and Gerald E. Walsh.


SMITH, J.

Count 3 of the declaration hereinafter described was dismissed as not stating a cause of action. The pleader appeals.

Count 3 incorporated by reference certain parts of counts 1 and 2, then added allegations of its own. Piecing them all together, this is what plaintiffs complain of (we will state the allegations as facts but, of course, they are not yet established):

Plaintiffs, husband and wife, are residents of the county of Eaton. Defendants...

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