SHELL OIL CO. v. ESTATE OF KERT

Docket No. 94741.

161 Mich. App. 409 (1987)

411 N.W.2d 770

SHELL OIL COMPANY v. ESTATE OF KERT

Michigan Court of Appeals.

Decided July 7, 1987.


Attorney(s) appearing for the Case

Giles & Lucas, P.C. (by Thomas V. Giles and John M. Lucas), for plaintiff.

Ackerman & Ackerman, P.C. (by Alan T. Ackerman), and Michael A. Szymanski, for Estate of Benjamin Kert.

Before: MacKENZIE, P.J., and BEASLEY and E.A. QUINNELL, JJ.


BEASLEY, J.

Plaintiff, Shell Oil Company, filed this action on February 22, 1985, seeking a declaratory judgment that a 1972 amendment to a lease of which plaintiff was lessee was valid and enforceable. Both plaintiff and defendant, estate of Benjamin Kert, moved for summary disposition. Plaintiff's motion was brought pursuant to MCR 2.116(C)(9) on the basis that defendant estate had failed to state a valid defense to plaintiff's declaratory judgment action. Defendant...

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