SILLER & CO. v. CITY OF HART

Docket No. 58318.

400 Mich. 578 (1977)

255 N.W.2d 347

F J SILLER & COMPANY v. CITY OF HART

Supreme Court of Michigan.

Decided July 18, 1977.


Attorney(s) appearing for the Case

Allaben, Massie, Vander Weyden & Timmer for plaintiff.

Sikkenga, Prince, Barecki & Nicholas for defendant.


PER CURIAM:

The Court of Appeals found a contract provision that arbitration as a "condition precedent" to the filing of a court action does not preclude the commencement of an action inconsistent with the arbitration award. We disagree and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, reverse the Court of Appeals.

The defendant City of Hart needed sewage treatment facilities. Plaintiff agreed to perform the necessary work. The contract contained...

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