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EARL DUBEY & SONS, INC. v. MACOMB CONCRETE CORP.

Docket No. 77-216.

81 Mich. App. 662 (1978)

266 N.W.2d 152

EARL DUBEY & SONS, INC. v. MACOMB CONCRETE CORPORATION

Michigan Court of Appeals.

Decided March 7, 1978.

Attorney(s) appearing for the Case

Freihofer, Oosterhouse, DeBoer, Barnhart & Cooper, P.C. (by Peter R. Tolley), for plaintiff.

Robert P. Dank, P.C., for defendant.

Before: V.J. BRENNAN, P.J., and D.E. HOLBROOK and R.B. MARTIN, JJ.

D.E. HOLBROOK, J.

Plaintiff, Earl Dubey and Sons, Inc., commenced this action for rescission of an agreement as the result of the anticipatory breach by defendant, Macomb Concrete Corporation, and for damages in excess of $300,000. Plaintiff, Sentry Insurance, sought discharge of its liability on a performance bond. Defendant Macomb counter-claimed that plaintiffs were in default under the agreement and Macomb sought damages for fulfilling the contract by other means...

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