DocketNumber： Docket 13087
Judges： Danhof, Holbrook, Bash-Ara, Bashara
Filed Date： 5/23/1973
Status： Precedential
Modified Date： 11/10/2024
(concurring). This writer is in complete accord with everything stated in the majority opinion written by my brother Judge Danhof.
The question arose on oral argument by defendant concerning the fact that certain labor and materials were furnished by defendant after he qualified under the residential builders act, MCLA 338.1501 et seq.; MSA 18.86(101) et seq. It is true that defendant has not claimed in the pleadings his right to recover on a quantum meruit basis for the labor and materials furnished after he was licensed under the statute. Stoneleigh Homes, Inc v Jerome Building Co, 31 Mich App 542 (1971).
In view of the possibility that defendant may desire to amend his pleadings after remand to the trial court and attempt to prevail on a quantum meruit basis this concurring opinion has been written.