Will H. Hall & Son v. Capitol Indemnity Corp.
Court of Appeals of Michigan
677 N.W.2d 51 (2003)
- Written by Mary Pfotenhauer, JD
Facts
Will H. Hall & Son, Inc. (Hall) (plaintiff) was the general contractor for a construction project. Ace Masonry Construction, Inc. (Ace) (defendant) was a subcontractor on the project. Capitol Indemnity Corporation (Capitol) (defendant) provided a performance bond for Ace. Ace failed to perform. Hall sued Ace for breach of contract and brought a claim against Capitol for recovery on the performance bond. The trial court granted Capitol’s motion for a directed verdict on Hall’s performance bond claim. After the directed verdict was entered, Hall and Ace stipulated on the record to the release and dismissal of any claims they had against each other. Hall then appealed the directed verdict in favor of Capitol, which was reversed. On remand, the trial court granted Capitol’s motion for summary disposition, finding that the release of the principal obligor (Ace) by the obligee (Hall) also discharged the surety (Capitol). Hall appealed.
Rule of Law
Issue
Holding and Reasoning (Murphy, J.)
Dissent (Levin, J.)
What to do next…
Here's why 812,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.