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PRICE BROS. CO. v. CHARLES J ROGERS CONST. CO.

Docket No. 51605.

104 Mich. App. 369 (1981)

304 N.W.2d 584

PRICE BROTHERS COMPANY v. CHARLES J ROGERS CONSTRUCTION COMPANY

Michigan Court of Appeals.

Decided March 4, 1981.

Attorney(s) appearing for the Case

Kerr, Russell & Weber (by Robert R. Nix, II), for plaintiff.

Jenkins, Nystrom & Sterlacci, P.C., for defendant.

Before: BRONSON, P.J., and J.H. GILLIS and C.L. BOSMAN, JJ.

J.H. GILLIS, J.

The Charles J. Rogers Construction Company (Rogers) had engaged in a project to install sewer lines in Bay City. Price Brothers Company (Price) agreed to supply Rogers with the required sewer pipe, and The Aetna Casualty and Surety Company (Aetna) was Rogers' surety. On February 22, 1978, Price instituted suit against Rogers and Aetna for unpaid balances due pursuant to the agreements entered into. On July 31, 1978, Rogers filed a counterclaim. A bench...

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