# Howell v. Vito's Trucking and Excavating Co.

> Michigan Supreme Court · November 9, 1971 · 386 Mich. 37

URL: https://www.frixlaw.com/law-library/cases/9671364

## Case

- **Full name:** Howell v. Vito’s Trucking and Excavating Company
- **Court:** Michigan Supreme Court
- **Decided:** November 9, 1971
- **Citations:** 386 Mich. 37; 191 N.W.2d 313; 1971 Mich. LEXIS 132
- **Precedential status:** Published
- **Opinion:** Concurrence by Black
- **Judges:** Black, Adams, Brennan, Swainson, Williams, Kavanagh
- **Cited by:** 125 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9671364

## Opinion text

Black, J.
(concurring). Not caring to join the Court’s unnecessary waltz around the country to the variable outstate music of estoppel by judgment, and being quite content with the concededly applicable value of our own pertinent precedents, particularly Clark v. Naufel (1950), 328 Mich 249 (syll. # 4), I concur in reversal.
Judge Quinn, dissenting below ( 20 Mich App 140, 147 ), was quite right in applying Clark v. Naufel, and in calling it to the attention of two Brethren *53 whose choice it was to ignore that authority in favor of a new doctrine. That doctrine was drawn apparently, but quite erroneously, from Justice Cooley’s opinion of Fifield v. Edwards (1878), 39 Mich 264 . The holding there was that an estoppel by previous judgment cannot prevail where the specific claim in question was actually excluded from judicial consideration in the first action.
T. Gr. Kavanagh, J., did not sit in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9671364. Public record. Not legal advice.