C.J. ROGERS, INC. v. HIGHWAY DEPT.

Docket No. 11033.

36 Mich. App. 620 (1971)

194 N.W.2d 203

CHARLES J. ROGERS, INC. v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided October 26, 1971.


Attorney(s) appearing for the Case

Doyle & Smith, P.C. (by Dan L. McNeal), for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, and Karl S. Vasiloff and Patrick J. Devlin, Assistants Attorney General, for defendants.

Before: McGREGOR, P.J., and HOLBROOK and VAN VALKENBURG, JJ.


Leave to appeal denied, 387 Mich. 752.

McGREGOR, P.J.

Plaintiffs entered into a written highway construction contract with defendants. The contract called for an estimated 1,928, 214 units of embankment compacted in place at a unit price of $1.49 per unit. As the work progressed, defendants discovered a computational error which had resulted in an overestimate of 337,406 units. Though defendants notified plaintiffs of this decrease in the contract quantity...

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