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MANUFACTURERS CONST. CO. v. COVENANT INVESTMENT CO.

Docket No. 12805.

43 Mich. App. 123 (1972)

204 N.W.2d 54

MANUFACTURERS CONSTRUCTION COMPANY v. COVENANT INVESTMENT COMPANY.

Michigan Court of Appeals.

Decided September 27, 1972.

Attorney(s) appearing for the Case

Jesse R. Bacalis & Associates, P.C. (by W. Steven Kostecke), for plaintiff.

Thomas Rosender, for defendants Luther and Josephine Dale.

Before: GILLIS, P.J., and McGREGOR and BRONSON, JJ.

Leave to appeal denied, 388 Mich. 810.

BRONSON, J.

Plaintiff sued defendants for breach of a contract to repair defendants' premises which were damaged by fire. Defendants filed a motion for accelerated judgment based upon the affirmative defense of lack of capacity to sue. The trial judge granted this motion and plaintiff appealed by right.

On November 29, 1968, a fire occurred on defendants' premises located in the City of Detroit, substantially...

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