MICHIGAN WINERIES, INC. v. JOHNSON

Docket No. 24023.

68 Mich. App. 310 (1976)

242 N.W.2d 568

MICHIGAN WINERIES, INC. v. JOHNSON

Michigan Court of Appeals.

Decided March 25, 1976.


Attorney(s) appearing for the Case

Dee Edwards, for plaintiff.

Kenney, Kenney, Chapman & Prather (by John A. Cook), for Detroit Beverage Corporation.

Before: BRONSON, P.J., and R.B. BURNS and D.E. HOLBROOK, JR., JJ.


PER CURIAM.

We are called upon to decide a single question on appeal:

Should a buyer who assumes a mortgage be allowed to assert the illegality of the original mortgage agreement?

We answer that question in the negative, and affirm the trial court.

Plaintiff brought suit against defendant Loretta Johnson and defendant-appellant Detroit Beverage Corporation, alleging that both parties had defaulted on a mortgage obligation owed to plaintiff...

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