MALESEV v. WAYNE CTY. ROAD COMMISSIONERS

Docket No. 14287.

51 Mich. App. 511 (1974)

215 N.W.2d 598

MALESEV v. WAYNE COUNTY ROAD COMMISSIONERS

Michigan Court of Appeals.

Decided March 1, 1974.


Attorney(s) appearing for the Case

Richard A. Monash, for plaintiffs.

Donald Brown, for defendant Wayne County Road Commission.

Harvey, Kruse & Westen, P.C. (by Jonathan Martin), for defendant Santucci Construction Company.

Before: McGREGOR, P.J., and J.H. GILLIS and O'HARA, JJ.


McGREGOR, P.J.

This is an action for damage to property based on a third-party beneficiary contract theory. The defendants contracted with each other for construction of a water-intake tunnel in and through the City of Lincoln Park. Construction was completed on October 18, 1960. In November, 1963, due to soil instability caused by the construction, cracks and other structural damage to the plaintiffs' residence first became apparent. Complaint was thereafter filed...

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