BANASZKIEWICZ v. BAUN

Docket No. 47, Calendar No. 48,076.

359 Mich. 109 (1960)

101 N.W.2d 306

BANASZKIEWICZ v. BAUN.

Supreme Court of Michigan.

Decided February 26, 1960.


Attorney(s) appearing for the Case

Mark Howard and George Stone, for plaintiff.

Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, Irving B. Feldman, Assistant Attorney General, and Harry Okrent, for defendants.


DETHMERS, C.J.

This appeal is from a circuit court order permitting defendant, administrator of decedent's estate, to take the discovery deposition of plaintiff, an opposite party, without waiving plaintiff's disqualification under the so-called dead man's statute (CL 1948, § 617.65 [Stat Ann § 27.914]) to testify, at the trial, concerning the same subject matter.

Suit is for specific performance of an alleged oral agreement under which decedent...

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