FAIRWAY ENTERPRISES, INC. v. NA-CHURS PLANT FOOD CO.

Docket No. 92667.

163 Mich. App. 497 (1987)

415 N.W.2d 257

FAIRWAY ENTERPRISES, INC v. NA-CHURS PLANT FOOD COMPANY

Michigan Court of Appeals.

Decided October 6, 1987.


Attorney(s) appearing for the Case

Scholten, Fant & Marquis (by R. Neal Stanton), for plaintiff.

Timothy J. Boone, and Cholette, Perkins & Buchanan (by Kenneth L. Block), for defendants.

Before: CYNAR, P.J., and WEAVER and J.H. HAUSNER, JJ.


PER CURIAM.

Defendants appeal as of right from an order of the Ottawa Circuit Court which denied their motion for attorney fees and expenses. We reverse and remand.

This action arises from a dispute concerning the sale of fertilizer. Dissatisfied with its purchase, plaintiff sued defendants asserting negligence and breach of express and implied warranty. The matter was sent to a mediation panel, which recommended a $10,000 award in favor of plaintiff. Although...

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