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BORMAN'S, INC. v. LAKE STATE DEV. CO.

Docket No. 19287.

60 Mich. App. 175 (1975)

230 N.W.2d 363

BORMAN'S, INC. v. LAKE STATE DEVELOPMENT CO.

Michigan Court of Appeals.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Parmenter, Forsythe & Rude (by Steven G. Schember), for plaintiff.

White, Spaniola, Knudsen, Stariha & Potuznik, P.C., for defendant Lake State Development Company.

Warner, Norcross & Judd (by Gregory G. Prasher), for defendants Tri-Cities Construction & Supply Company and Markland Development, Inc.

Cholette, Perkins & Buchanan (Edward D. Wells, of counsel), for defendant Terrill, Kistler & Anderson, Inc.

Before: BRONSON, P.J., and M.F. CAVANAGH and D.F. WALSH, JJ.

D.F. WALSH, J.

This is an appeal from an order granting defendants' motions for summary judgment for failure to state a cause of action, GCR 1963, 117.2 (1).

The plaintiff Borman's, Inc. entered into a lease agreement on May 9, 1966, with one of the defendants, Lake State Development Co., whereby Lake State agreed to construct a shopping center and warranted that storm and sanitary sewers would be "available to the leased premises".

Lake State Development...

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