Conel Development v. River Rouge Savings

Conel Development, Inc. entered into a contract with Underground Television Inspection by Seaway, Inc. in connection with improvements to be made in a land development in Iosco County. Upon a failure of performance, Conel brought an action against River Rouge Savings Bank, Underground Television, William Brewer, Shirley A. Brewer, and Charles F. Dorris for damages for breach of contract. River Rouge Savings Bank was alleged to be a surety for Underground Television, whose directors were the individual defendants. The individual defendants were eventually dismissed by stipulation and the case was divided into two jury trials, the first with respect to liability, the second as to damages. The Wayne Circuit Court, Blair Moody, Jr., J., entered judgments upon jury verdicts holding River Rouge Savings Bank liable to plaintiff and assessing damages against both the bank and Underground Television. The bank appeals, alleging the trial court erred in not requiring a special verdict, that it should not have been held liable on the contract, and challenging the sufficiency of the evidence. Held : 1. The trial court did not err by not requiring a special verdict. The parties stipulated on the record that they would take a general verdict and such a stipulation, when approved by the court, acts as a waiver of any objection the parties might have to the taking of a general verdict.