162 N.W.2d 114
Docket No. 3,946.Michigan Court of Appeals.
Decided June 10, 1968.
Appeal from Oakland; Adams (Clark J.), J. Submitted Division 2 June 5, 1968, at Detroit. (Docket No. 3,946.) Decided June 10, 1968.
Complaint by Adams Sheet Metal Corporation, a Michigan corporation, against the City of Royal Oak, a municipal corporation, for costs of material and labor in replacement of air conditioner coils. Third-party complaint by City of Royal Oak against
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Clair Ditchy Associates, a partnership, for negligence in causing damage which necessitated repair. Judgment for principal plaintiff. Judgment of no cause of action in favor of third-party defendant. Third-party plaintiff City of Royal Oak appeals from judgment in favor of third-party defendant. Affirmed.
Allan G. Hertler, for third-party plaintiff City of Royal Oak.
Malcolm Heber, for third-party defendant Clair Ditchy Associates.
PER CURIAM.
Third-party plaintiff appeals from a judgment of no cause of action in favor of third-party defendant entered by the trial court sitting without a jury on the basis that the alleged negligence of defendant had not been established.
A review of the trial record fails to establish that the findings of the trial judge which support his judgment are clearly erroneous. GCR 1963, 517.1.
Affirmed, with costs to third-party defendant.
QUINN, P.J., and FITZGERALD and J.H. GILLIS, JJ., concurred.
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