GILLILAND CONST. CO. v. STATE HIGHWAY DEPT.

Docket No. 699.

4 Mich. App. 618 (1966)

145 N.W.2d 384

GILLILAND CONSTRUCTION COMPANY v. STATE HIGHWAY DEPARTMENT.

Michigan Court of Appeals.

Decided October 25, 1966.


Attorney(s) appearing for the Case

Charest & Clancy, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Eugene F. Townsend, Sr., Assistant Attorneys General, for defendant.


T.G. KAVANAGH, J.

The plaintiff constructed a section of interstate highway I-75 in Chippewa and Mackinac counties pursuant to a contract with the defendant. Early in September 1963, part of the construction heaved and cracked and complaint was made to plaintiff by defendant. Responsibility for the damage was disputed by the parties, plaintiff maintaining the damages were caused by matters outside of its control and defendant claiming plaintiff had failed to perform...

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