WALTER TOEBE & CO. v. DEP'T OF HIGHWAYS

Docket No. 76780.

144 Mich. App. 21 (1985)

373 N.W.2d 233

WALTER TOEBE & COMPANY v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided July 1, 1985.


Attorney(s) appearing for the Case

Dickinson, Wright, Moon, Van Dusen & Freeman (by Joseph A. Fink and Gregory L. McClelland), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Patrick McElmurry and Brent E. Simmons, Assistants Attorney General, for defendant.

Before: DANHOF, C.J., and M.J. KELLY and M.E. DODGE, JJ.


DANHOF, C.J.

Plaintiff, Walter Toebe & Company, appeals as of right from a Court of Claims judgment awarding it damages in the amount of $42,304.19, plus costs and interest, for breach of contract. The contract at issue here arose from the following circumstances.

In December, 1973, the state advertised the letting of bids for the construction of a segment approximately one mile in length on I-275 in western Wayne County. The project involved both excavation...

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