ALCO CONSTRUCTION CORP. v. H & S ELEC., INC.

Docket No. 14591.

49 Mich. App. 667 (1973)

212 N.W.2d 598

ALCO CONSTRUCTION CORPORATION v. H & S ELECTRIC, INC.

Michigan Court of Appeals.

Decided September 26, 1973.


Attorney(s) appearing for the Case

Katz, Victor & Yolles (by Neil M. Colman), for plaintiff.

Hyman & Rice (by Thomas J. Beale), for defendant.

Before: J.H. GILLIS, P.J., and HOLBROOK and BASHARA, JJ.


BASHARA, J.

Plaintiff instituted suit against defendant for breach of a contract to install electrical equipment alleging damages in excess of $100,000. The same day plaintiff filed affidavits for writs of prejudgment garnishment under the authority of GCR 1963, 738.2. The affidavits alleged indebtedness in the same amount as stated in plaintiff's complaint.

The affidavits further stated:

"* * * that Plaintiff is justly apprehensive of the loss of...

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