BEN P FYKE & SONS, INC. v. GUNTER CO.

Docket No. 12898.

43 Mich. App. 144 (1972)

204 N.W.2d 79

BEN P FYKE & SONS, INC. v. GUNTER COMPANY.

Michigan Court of Appeals.

Decided September 27, 1972.


Attorney(s) appearing for the Case

Hyman & Rice, for plaintiff.

Alan G. Greenberg, for defendant.

Before: BRONSON, P.J., and DANHOF and VAN VALKENBURG, JJ.


Leave to appeal granted, 389 Mich. 762.

BRONSON, P.J.

On April 13, 1971, plaintiff instituted suit against defendant for breach of contract in the Oakland County Circuit Court. Plaintiff alleged nonpayment for certain earth-moving services in excess of $21,000. On May 10, 1971, defendant filed its answer admitting liability but denying the amount of indebtedness. After the submission of interrogatories which plaintiff was compelled to answer, defendant acquired...

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