COOKE CONTRACTING CO. v. STATE HIGHWAYS DEPT.

Docket No. 16786.

52 Mich. App. 402 (1974)

217 N.W.2d 435

THE COOKE CONTRACTING COMPANY v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided March 28, 1974.


Attorney(s) appearing for the Case

Doyle, Smith, Whitmer & Carruthers, P.C., for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Curtis G. Beck, Assistants Attorney General, for defendant.

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


McGREGOR, J.

Plaintiff commenced this action in the Court of Claims for certain monies allegedly due it under two highway construction contracts with the state. From an adverse judgment on the merits in that court and a subsequent denial of its motion for rehearing or a new trial, plaintiff appeals.

Plaintiff entered into two contracts with the defendant highway department, both of which included an item calling for the construction of "aggregate base for...

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