CITY BANK & TRUST CO. v. KWASKE BROS. CONST. CO.

Docket No. 24088.

69 Mich. App. 271 (1976)

244 N.W.2d 443

CITY BANK & TRUST COMPANY v. KWASKE BROTHERS CONSTRUCTION COMPANY

Michigan Court of Appeals.

Decided May 28, 1976.


Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by John H. Schomer and Gail F. Schulz), for City Bank & Trust Company.

Cummins, Butler & Thorburn, for Brooks Abstract Company, Lawyers Title Insurance Company, and Capitol Savings & Loan Association.

Anderson, Carr, Street & Hornbach, for Honey Brook Company.

Before: DANHOF, P.J., and V.J. BRENNAN and M.J. KELLY, JJ.


M.J. KELLY, J.

In October, 1972, Honey Brook Co., Inc., and Kwaske Brothers Construction Co., Inc., entered into two contracts for the construction of the Oakbrook Village Townhouse Project. At about the same time, the same parties formed a joint venture for the purposes of financing the Oakbrook project beyond the available mortgage financing. An estimated $100,000 was needed. The parties were to make equal contributions but Kwaske was not to be required to contribute...

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