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Adams Sheet Metal Corporation v. City of Royal Oak

Michigan Court of Appeals
Jun 10, 1968
162 N.W.2d 114 (Mich. Ct. App. 1968)

Opinion

Docket No. 3,946.

Decided June 10, 1968.

Appeal from Oakland; Adams (Clark J.), J. Submitted Division 2 June 5, 1968, at Detroit. (Docket No. 3,946.) Decided June 10, 1968.

Complaint by Adams Sheet Metal Corporation, a Michigan corporation, against the City of Royal Oak, a municipal corporation, for costs of material and labor in replacement of air conditioner coils. Third-party complaint by City of Royal Oak against Clair Ditchy Associates, a partnership, for negligence in causing damage which necessitated repair. Judgment for principal plaintiff. Judgment of no cause of action in favor of third-party defendant. Third-party plaintiff City of Royal Oak appeals from judgment in favor of third-party defendant. Affirmed.

Allan G. Hertler, for third-party plaintiff City of Royal Oak.

Malcolm Heber, for third-party defendant Clair Ditchy Associates.


Third-party plaintiff appeals from a judgment of no cause of action in favor of third-party defendant entered by the trial court sitting without a jury on the basis that the alleged negligence of defendant had not been established.

A review of the trial record fails to establish that the findings of the trial judge which support his judgment are clearly erroneous. GCR 1963, 517.1.

Affirmed, with costs to third-party defendant.

QUINN, P.J., and FITZGERALD and J.H. GILLIS, JJ., concurred.


Summaries of

Adams Sheet Metal Corporation v. City of Royal Oak

Michigan Court of Appeals
Jun 10, 1968
162 N.W.2d 114 (Mich. Ct. App. 1968)
Case details for

Adams Sheet Metal Corporation v. City of Royal Oak

Case Details

Full title:ADAMS SHEET METAL CORPORATION v. CITY OF ROYAL OAK. CITY OF ROYAL OAK v…

Court:Michigan Court of Appeals

Date published: Jun 10, 1968

Citations

162 N.W.2d 114 (Mich. Ct. App. 1968)
162 N.W.2d 114

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