FITZGERALD v. HUBERT HERMAN, INC.

Docket No. 5,864.

23 Mich. App. 716 (1970)

179 N.W.2d 252

FITZGERALD v. HUBERT HERMAN, INC.

Michigan Court of Appeals.

Decided May 25, 1970.


Attorney(s) appearing for the Case

Neithercut & Neithercut (Kittredge R. Klapp, of counsel), for plaintiffs.

John J. Hermann, for defendant.

Before: R.B. BURNS, P.J., and FITZGERALD and VAN DOMELEN, JJ.


R.B. BURNS, P.J.

Plaintiffs contracted with the defendant to purchase a house to be constructed by defendant. Plaintiffs stopped making payments according to the contract because they were not satisfied that the construction was according to the plans and specifications.

Plaintiffs' attorney notified defendant that they were rescinding the contract and demanded the return of their money. Defendant refused to return the money on the ground that plaintiffs had...

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