Davidson v. State Hwy. Comm'r

Full title: DAVIDSON v. STATE HIGHWAY COMMISSIONER

Court: Michigan Court of Appeals

Date published: Jun 1, 1970

180 N.W.2d 212 (Mich. Ct. App. 1970)

180 N.W.2d 212

Opinion

Docket No. 7,469.

Decided June 1, 1970. Leave to appeal denied August 3, 1970. 383 Mich. 813.

Appeal from Court of Claims, William John Beer, J. Submitted Division 2 May 13, 1970, at Lansing. (Docket No. 7,469.) Decided June 1, 1970. Leave to appeal denied August 3, 1970. 383 Mich. 813.

Complaint by L.A. Davidson against the Michigan State Highway Commissioner and Michigan State Highway Department on a contract. Action dismissed for lack of progress. Plaintiff appeals. Affirmed.

Carl H. Reynolds, for plaintiff.

Before: LESINSKI, C.J., and DANHOF and SNOW,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Upon motion of the defendant the court of claims dismissed plaintiff's cause of action for lack of progress. GCR 1963, 501.3. Plaintiff has appealed arguing that this was an abuse of discretion. The record clearly supports the action of the trial judge. The argument is without merit. Corley v. Krawczak (1969), 16 Mich. App. 176; People v. Tolbert (1970) 23 Mich. App. 566; Spalding v. Spalding (1959), 355 Mich. 382.

Affirmed, no costs, defendants not having filed a brief.