JAQUES v. SMITH

Docket No. 21972.

62 Mich. App. 719 (1975)

233 N.W.2d 839

JAQUES v. SMITH

Michigan Court of Appeals.

Decided July 23, 1975.


Attorney(s) appearing for the Case

Leonard C. Jaques, P.C. (by Robert E. Swickle), for plaintiff.

Miller, Canfield, Paddock & Stone (by Carl H. von Ende), for Howard F. Smith, Jr.

Manuel Zechman, for Johnstone & Johnstone, Inc., and Windell Birdsall.

Before: T.M. BURNS, P.J., and QUINN and M.J. KELLY, JJ.


Leave to appeal applied for.

M.J. KELLY, J.

Plaintiff brought suit, alleging the existence of a contract to purchase realty and seeking specific performance thereof. He also sought damages for a claimed conspiracy to tortiously interfere with contract rights. The trial court granted accelerated judgment for defendant, GCR 1963, 116.1(5), finding that the claim was barred by the statute of frauds, MCLA 566.108; MSA 26.908. Plaintiff brought this appeal.

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