Bd. of Cnty. Rd. Com'rs. Wayne Cnty. v. City of Lincoln Park

• Citation: 251 Mich. 582,232 N.W. 363
• Decision Date: 03 October 1930
• Docket Number: No. 117.,117.
• Parties: BOARD OF COUNTY ROAD COM'RS. WAYNE COUNTY v. CITY OF LINCOLN PARK.
• Court: Michigan Supreme Court

251 Mich. 582

232 N.W. 363

BOARD OF COUNTY ROAD COM'RS. WAYNE COUNTY

v.CITY OF LINCOLN PARK.

No. 117.

Supreme Court of Michigan.

Oct. 3, 1930.

Error to Circuit Court, Wayne County; William B. Brown, Judge.

Suit by The Board of County Road Commissioners of Wayne County against the City of Lincoln Park. Judgment for defendant on directed verdict, and plaintiff brings error.

Affirmed.

Argued before the Entire Bench.Elmer G. Rice, and John C. Jacoby, both of Detroit, for appellant.

Frank G. Mixter, of Detroit (Frank B. Ferguson, of Detroit, of counsel), for appellee.

CLARK, J.

Having consent of the common council of the city of Lincoln Park, the board of county road commissioners of Wayne county took over as a county road Fort street of the city, from the line between the city of Detroit and the city of Lincoln Park thence southerly nearly three miles to the south limits of the latter city. Discussion relative to improving the road led to the adoption of the following resolution by the common council of Lincoln Park on October 31, 1927:

‘Resolved that the City of Lincoln Park pay to the county treasurer of Wayne county for the Board of County Road Commissioners of the County of Wayne the sum of six hundred thousand dollars ($600,000); said amount to be paid March 1st, 1928, in full for completion of the following work and in full compensation thereof;

‘(1) The opening of Fort street as a two hundred and four (204) foot highway throughout the City of Lincoln Park.

‘(2) The construction of two forth foot pavements with curb and drainage structures including all grading, necessary therefor, and including the removal of any existing concrete pavements which may be required in connection with the new construction from Pepper road to the southerly limits of the City of Lincoln Park.

‘(3) The installation of a six-inch cast iron pipe water line with valves and fittings along the west side of Fort street from Pepper road to the southerly limits of the City of Lincoln Park; city to furnish hydrants; installation to be done by the Board of County Road Commissioners.

‘(4) The construction of a new sanitary sewer in the alley west of Fort street to replace the old sewer which will be abandoned by reason of the new construction.

‘(5) The replacement of all old sidewalks by new upon the new setback line, said sidewalks to be at least six feet in width.

‘(6) The placing of the fire alarm and police signal telegraph cable on Fort street.

‘It is distinctly understood that the Board of County Road Commissioners of Wayne County shall promptly proceed to the completion of said work.

‘This resolution and the acceptance thereof by the Board of County Road Commissioners shall abrogate all prior agreements entered into between the Board of County Road Commissioners and the City of Lincoln Park re Fort street.’

The board of county road commissioners accepted by resolution the above resolution of the common council, and thereafter did nearly all of the work. The road, it seems, is a super highway. The city did not pay on March 1, 1928, nor afterward. This suit followed.

The declaration is on the resolution of the common council and the resolution of acceptance by plaintiff road commission as constituting a binding contract, and upon this,...