SOAVE CONST. CO. v. LIND ASPHALT PAVING CO.

Docket No. 15855.

56 Mich. App. 202 (1974)

223 N.W.2d 732

SOAVE CONSTRUCTION COMPANY v. LIND ASPHALT PAVING COMPANY

Michigan Court of Appeals.

Decided October 21, 1974.


Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Sheldon J. Stark and George L. Downing), for plaintiff.

John R. Carney (Zemke & Lustig, P.C., of counsel), for defendants.

Before: J.H. GILLIS, P.J., and ALLEN and ELLIOTT, JJ.


ELLIOTT, J.

The jury finding that defendant Lind Asphalt Paving Company (hereinafter, Lind) breached an oral contract with plaintiff is not in issue on appeal. The defendants' appeal concerns only the damages.

Lind, a general contractor, asked plaintiff, a subcontractor, to bid the sewer and drainage work on a street-paving job. Plaintiff's bid of $34,954 was used in Lind's bid to the city, and, when it was awarded the contract, Lind told plaintiff's president...

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