Triangle Excavating Company, Inc. v. Covert Township
This text of 713 N.W.2d 767 (Triangle Excavating Company, Inc. v. Covert Township) 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.
Opinion
TRIANGLE EXCAVATING COMPANY, INC., Plaintiff-Appellant,
v.
COVERT TOWNSHIP, Defendant-Appellee.
Supreme Court of Michigan.
Order
On order of the Court, the application for leave to appeal the December 20, 2005 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment affirming the Van Buren Circuit Court's grant of summary disposition to defendant. Plaintiff presented sufficient evidence to raise a material issue of fact whether defendant intentionally and voluntarily relinquished its right to enforce the contractual requirement of written notification of unforeseen site conditions. A.J. Smith Constr. Co. v. Marine City, 267 Mich. 367, 255 N.W. 209 (1934). We REMAND this case to the Van Buren Circuit Court for further proceedings not inconsistent with this order.
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Cite This Page — Counsel Stack
713 N.W.2d 767, 475 Mich. 855, 2006 Mich. LEXIS 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/triangle-excavating-company-inc-v-covert-township-mich-2006.