AVERY v. J.L. HUDSON COMPANY

Docket No. 5,515.

17 Mich. App. 491 (1969)

169 N.W.2d 666

AVERY v. J.L. HUDSON COMPANY

Michigan Court of Appeals.

Decided May 28, 1969.


Attorney(s) appearing for the Case

Butzel, Levin, Winston & Quint (Henry H. Sills, of counsel), for plaintiff.

Dykema, Wheat, Spencer, Goodnow & Trigg (Nathan B. Goodnow and John K. Cannon, of counsel), for defendant.

BEFORE: LESINSKI, C.J., and FITZGERALD and V.J. BRENNAN, JJ.


V.J. BRENNAN, J.

This appeal raises the question whether the trial court erred by granting defendant-appellee's motion for summary judgment pursuant to GCR 1963, 117.2(3). This rule provides for summary judgment where: "except as to the amount of damages there is no genuine issue as to any material fact, and the moving party is therefore entitled to judgment as a matter of law."

Plaintiffs and defendant hold, as lessor and lessee respectively, successive interests...

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