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LUMBER VILLAGE, INC. v. SIEGLER

Docket No. 67887.

135 Mich. App. 685 (1984)

355 N.W.2d 654

LUMBER VILLAGE, INC. v. SIEGLER

Michigan Court of Appeals.

Decided June 28, 1984.

Attorney(s) appearing for the Case

Carruthers & Halverson Associates (by James G. Halverson), for plaintiff.

Freihofer, Oosterhouse & DeBoer, P.C. (by Robert A. Buchanan and Clifford H. Bloom), for Byron Center State Bank.

Before: BEASLEY, P.J., and ALLEN and M.B. BREIGHNER, JJ.

ALLEN, J.

Plaintiff, Lumber Village, Inc., appeals as of right from a September 22, 1982, order of accelerated judgment in favor of third-party defendant, Byron Center State Bank, pursuant to GCR 1963, 116.1(5). Issue III raised on appeal is of first impression in Michigan.

In 1977, Thomas S. Siegler and his wife, Priscilla, undertook to have built for them a pole barn building for use in their horse stable...

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