Brown v. Forrester Construction Co.

125 N.W.2d 315, 372 Mich. 204, 1963 Mich. LEXIS 278
CourtMichigan Supreme Court
DecidedDecember 27, 1963
DocketCalendar 94, 95, Docket 48,004, 48,005
StatusPublished
Cited by6 cases

This text of 125 N.W.2d 315 (Brown v. Forrester Construction Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Forrester Construction Co., 125 N.W.2d 315, 372 Mich. 204, 1963 Mich. LEXIS 278 (Mich. 1963).

Opinions

Smith, J.

Plaintiff heating company entered into a subcontract with defendant, April 28, 1952, to furnish plumbing and heating according to specifications in a contract 761, between defendant and the department of army. The heating company also entered into another subcontract with defendant, July 2,1952, for excavating and trenching according to specifications in a contract 884 between defendant and the army. Plaintiff heating company instituted suit in assumpsit for $29,407.40. It claimed, among other things, that during the course of work, defendant “requested and ordered plaintiffs to do certain extra and additional work which was not provided” in the written contract, including labor and materials and especially certain “additional unnecessary overtime” which the heating company allegedly paid its employees. Defendant answered admitting owing plaintiff heating company $3,747.54, balance under contract 884, and denying all other liability. Somewhat later, defendant filed an amended answer claiming set-off and recoupment in the amount of $30,000. Therein, it was alleged that defendant was required to pay additional sums because of delays occasioned [208]*208by plaintiff beating company. Upon its motion, the indemnity company was permitted to intervene as a party plaintiff. It had previously become surety to the heating company on a performance bond in 'connection with contract 761. Prior to suit, “a part ■of the claim” of the heating company as to contract 761 had been assigned to the indemnity company. A verdict was rendered in favor of plaintiffs for $4,696.54, on contract 884, and $21,188.83, on contract 761. Defendant appeals from an order denying new trial.

] After claim of appeal was filed October 10, 1958, defendant experienced difficulty in securing a transcript of testimony from a court reporter who took testimony for 3 days of the trial which lasted approximately 2 weeks. The reporter obviously was unable to transcribe his notes without assistance, despite the encouragement of a contempt citation. Finally, he did transcribe with assistance and a separate motion for new trial made in this Court and referred to the trial court was denied by the trial court May 22, 1961. The trial court ruled “the court having been advised by counsel for plaintiffs and defendant that the transcript * * * has been completed, certified and filed with the * * * clerk * * * motion * * * is denied.”

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Related

Turner Associates, Inc. v. Small Parts, Inc.
59 F. Supp. 2d 674 (E.D. Michigan, 1999)
People v. Rowan
255 N.W.2d 791 (Michigan Court of Appeals, 1977)
People v. Drake
236 N.W.2d 537 (Michigan Court of Appeals, 1975)
Fredal v. Forster
156 N.W.2d 606 (Michigan Court of Appeals, 1967)
Brown v. Forrester Construction Co.
125 N.W.2d 315 (Michigan Supreme Court, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
125 N.W.2d 315, 372 Mich. 204, 1963 Mich. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-forrester-construction-co-mich-1963.