[Download] "Clarence Newby Plaintiff-Appellant V Orkin" by Supreme Court of Michigan # eBook PDF Kindle ePub Free

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eBook details

• Title: Clarence Newby Plaintiff-Appellant V Orkin
• Author : Supreme Court of Michigan
• Release Date : January 29, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

On order of the Court, the delayed application for leave to appeal is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals in part. Insofar as the plaintiff's claim for breach of contract was based on the alleged ""guarantee"" language of the contract, it was properly dismissed. At the latest, the guarantee expired on March 30, 1986, and plaintiff did not promptly file a written notice of claim as required by that provision of the contract. However, the contractual provision that a lawsuit must be filed within one year of the written notice of claim applied only to the optional guarantee, and not to other contract claims. The six-year statute of limitations of MCL 600.5807(8); MSA 27A.5807(8) applies to those claims. That limitation period had not expired before the plaintiff filed this action because of the defendant's efforts in 1989 and 1990 to remedy the continuing problems at plaintiff's premises. Weeks v Slavik Builders, Inc, 384 Mich. 257, 181 N.W.2d 271 (1970). We REMAND this case to the Wayne Circuit Court for further proceedings. In all other respects, the application for leave to appeal is DENIED.

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