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Court upholds jury verdict enforcing contract in favor of cement contractor

Garry Harmon Cement Contractor sued Highland Dairy and others to recover the final $250,000.00 owed on services provided in building a large dairy barn in Sebawaing.  The jury ruled in Harmon's favor and the dairy farm owners appealed.  They made numerous arguments objecting to the procedures and rulings of the court, none of which were upheld by the the Appellate Court.

The Court noted that while Plaintiff's counsel was allowed to "lead" a witness through an extensive exhibit, the questions were preliminary in nature and an appropriate way to efficiently address a complicated topic.  It also noted that the Defendant suffered no prejudice by the admission of the evidence in this truncated fashion.

The Court similarly dismissed technical objections to the court's ruling that admissions made by the dairy corporation's agent were admissible.  As is typical in the case of a jury verdict, the Court also upheld the trial judge's decision that the verdict was not "against the great weight of the evidence."

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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