BIAGINI v. MOCNIK

Calendar No. 59, Docket No. 49,533.

369 Mich. 657 (1963)

120 N.W.2d 827

BIAGINI v. MOCNIK.

Supreme Court of Michigan.

Decided April 5, 1963.


Attorney(s) appearing for the Case

Hinks & Knight (Robert B. Knight, of counsel), for plaintiff.

Harry F. Vellmure and Victor T. Mitea, for defendants.


KAVANAGH, J.

Plaintiff contractor's bill of complaint relied upon an express oral contract with defendants for the erection of a house on defendants' property. The relief sought was the imposition of a second mortgage upon the property in accordance with the agreement of an amount equal to the unpaid contract price plaintiff claimed was due him.

Prior to trial plaintiff filed a motion to amend the pleadings to add a count in quantum meruit. The court...

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