SMITH v. FIRST NAT'L BANK

Docket No. 98043.

177 Mich. App. 264 (1989)

440 N.W.2d 915

SMITH v. FIRST NATIONAL BANK & TRUST COMPANY OF STURGIS

Michigan Court of Appeals.

Decided June 5, 1989.


Attorney(s) appearing for the Case

Weiner, Wade & Tucker (by Theodore J. Tucker), for plaintiffs.

Howard & Howard (by Lawrence J. Murphy), for First National Bank and Trust Company of Sturgis.

Before: SULLIVAN, P.J., and MacKENZIE and G. SCHNELZ, JJ.


G. SCHNELZ, J.

Plaintiffs appeal as of right from an order granting summary disposition in favor of defendant First National Bank and Trust Company of Sturgis on Counts II and III of plaintiffs' complaint pursuant to MCR 2.116(C)(10). We reverse.

In 1982 defendants William G. Steger and Kathryn Steger sold a house located in St. Joseph County to plaintiffs for $185,000 on a land contract. Plaintiffs' down payment consisted of their summer cottage, valued at...

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