FAIRWAY MACH. SALES CO. v. CONTINENTAL MOTORS CORP.

Docket No. 11526.

40 Mich. App. 270 (1972)

198 N.W.2d 757

FAIRWAY MACHINERY SALES CO. v. CONTINENTAL MOTORS CORP.

Michigan Court of Appeals.

Decided April 27, 1972.


Attorney(s) appearing for the Case

Levin, Levin, Garvett & Dill (by Harvey I. Wax; Daniel J. Hoekenga, of counsel), for plaintiff.

Butzel, Long, Gust, Klein & Van Zile (by Leslie W. Fleming and Lawrence R. Van Til), for defendant.

Before: R.B. BURNS, P.J., and HOLBROOK and QUINN, JJ.


QUINN, J.

May 6, 1970, the trial judge granted defendant's motion for summary judgment because "there is no genuine issue of material fact relevant to the application of the statute of frauds * * *, plaintiff's claim is barred by the statute of frauds and defendant is entitled to judgment as a matter of law". Plaintiff appeals.

In August 1965, defendant invited plaintiff and others to bid on used machinery that defendant desired to sell. Plaintiff submitted...

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