ADAMS v. E.M. BURKE HOMES, INC.

Docket No. 1,930.

14 Mich. App. 578 (1968)

166 N.W.2d 34

ADAMS v. EDWARD M. BURKE HOMES, INC.

Michigan Court of Appeals.

Rehearing denied March 8, 1969.


Attorney(s) appearing for the Case

Keith, Conyers, Anderson, Brown & Wahls, for plaintiffs.

Harold L. White, for defendants Edward M. Burke Homes, Inc. and Edward M. Burke.

William L. Colden, for defendant Francis E. Griffin.


QUINN, J.

Plaintiffs brought an action in common pleas court of Detroit to recover from defendants the amount of a deposit plaintiffs made on a contract with the corporate defendant, which was not fulfilled by the corporation. In count 1 of their declaration, plaintiffs sought recovery of $3,000 on the theory that the contract was void and unenforceable. In count 2, they sought recovery of $2,800. The latter figure mistakenly represented the deposit less $300 stipulated...

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