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Kammer Asphalt Paving Co. v. East China

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eBook details

  • Title: Kammer Asphalt Paving Co. v. East China
  • Author : Supreme Court of Minnesota
  • Release Date : January 03, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

Because we find that MCL 129.201 et seq. ; MSA 5.2321(1) et seq. imposes upon a governmental unit the duty to verify the validity of a payment bond furnished by a general contractor of a public works project, we reverse the Court of Appeals affirmance of summary Disposition with regard to plaintiffs negligence count. Similarly, because we find that defendant may have inequitably received the benefit of plaintiffs labor and materials, we reverse the Court of Appeals affirmance of summary Disposition with regard to plaintiffs unjust enrichment and constructive trust counts. Finally, we affirm the Court of Appeals affirmance of summary Disposition with regard to the third-party beneficiary count because plaintiff is not a third party within the meaning of MCL 600.1405; MSA 27A.1405.


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