AM. EMPIRE INS. CO. v. KOENIG FUEL & SUPPLY CO.

Docket No. 78-4829.

113 Mich. App. 496 (1982)

317 N.W.2d 335

AMERICAN EMPIRE INSURANCE COMPANY v. KOENIG FUEL & SUPPLY COMPANY

Michigan Court of Appeals.

Decided February 19, 1982.


Attorney(s) appearing for the Case

Denenberg, Tuffley, Thorpe, Bocan & Patrick (by Ilene Gorden), for plaintiff.

Coticchio, Zotter & Sullivan, P.C. (by Morris Friedman), for defendant.

Before: BRONSON, P.J., and R.M. MAHER and F.X. O'BRIEN, JJ.


PER CURIAM.

Plaintiff appeals as of right an order of the circuit court granting defendant's motion for summary judgment.

This dispute arose out of a contract between defendant and plaintiff's subrogor, General Motors Corporation. General Motors contracted with defendant for the temporary storage and subsequent delivery of 10,000 tons of coal to General Motors. Defendant took delivery of the coal and held it in storage. Sometime in January or February of 1975...

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