Weinberg v. Regents of the Univ. of Mich.

Decision Date27 October 1893
PartiesWEINBERG v. REGENTS OF THE UNIVERSITY OF MICHIGAN et al.
CourtMichigan Supreme Court

97 Mich. 246
56 N.W. 605

WEINBERG
v.
REGENTS OF THE UNIVERSITY OF MICHIGAN et al.

Supreme Court of Michigan.

Oct. 27, 1893.


Error to circuit court, Washtenaw county; Edward D. Kinne, Judge.

Action by Julius Weinberg against the Regents of the University of Michigan, impleaded with James B. Angell, James H. Wade, and Charles R. Whitman, to recover the value of certain materials furnished to a subcontractor in the building of the university hospital. There was a judgment overruling a demurrer to the declaration, and defendants bring error. Reversed.

[56 N.W. 605]

Charles R. Whitman, (Thomas M. Cooley, of counsel,) for appellants. Bogle & Marquardt, for appellee.


MONTGOMERY, J.

The plaintiff brought suit against the Regents of the University of Michigan, James B. Angell, James H. Wade, and Charles R. Whitman to recover the value of materials furnished to one Lucas, a subcontractor in the building of the university hospital. The right of action is claimed under Act 94, Laws 1883, as amended by Act 45, Laws 1885, (3 How. St. § 8411a.) The declaration avers: “That the Regents of the University of Michigan is a public corporation organized and existing under the laws of the state of Michigan, created for the government of the University of Michigan, which said institution belongs to and is the property of the state of Michigan, and is maintained at the expense of this state. That the defendant James B. Angell is the president of the Regents of the University of Michigan. The defendant James H. Wade is the secretary. That the defendant Charles R. Whitman is a member of the board. That on or about the months of July and August, 1890, the Regents of the University of Michigan advertised for proposals for the erection and completion of the hospital building for the University of Michigan, which said hospital building, so to be erected and completed, was to be and has been completed at the expense of this state. That afterwards, to wit, on the

[56 N.W. 606]

first day of October, 1890, in pursuance of said advertisement and proposals received, the bid of one William Biggs, of the city of Ann Arbor, was accepted, and on or about the date aforesaid the Regents of the University of Michigan entered into a contract with said William Biggs for the erection and completion of said hospital, in consideration of the sum of, to wit, $78,556, which said contract was signed by the defendants James B. Angell and James H. Wade, president and secretary as aforesaid, and by said William Biggs. That the defendant Charles R. Whitman was a member of the committee on buildings and grounds, appointed by the Regents of the University of Michigan, which building committee was given full authority to act for the said Regents of the University of Michigan until otherwise ordered. That said Charles R. Whitman, as a member of said committee, was principally in charge of said undertaking of building said hospital. That afterwards the said William Biggs, by contract with one John Lucas, sublet a portion of the job for the building and erection of said hospital. That the plaintiff, Julius Weinberg, is a laborer and material man, engaged in the business of buying, selling, and furnishing stone, sand, and other materials to contractors and other persons engaged in building and other business in which such materials are used. That after the contract so made as aforesaid by the regents with Biggs, and by Biggs with said John Lucas, said Lucas, subcontractor as aforesaid, applied to the plaintiff to furnish stone for use in said hospital building, for which said Lucas agreed to pay plaintiff eighty-five cents for every sixteen feet in length by one foot thick and one foot high, as the same was laid in the wall of said building. And the plaintiff further says that the defendants, the Regents of the University of Michigan, James B. Angell, James H. Wade, and Charles R. Whitman, were the board, officers, and agents of the...

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