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PUNG v. GENERAL MOTORS CORP.

Docket No. 190842.

573 N.W.2d 80 (1997)

Roger L. PUNG, M & M Chevrolet, Inc., Archie Lee MacGillivray and Archie Oldsmobile/AMC, Inc., Plaintiffs-Appellees, v. GENERAL MOTORS CORPORATION, Defendant-Appellant.

Court of Appeals of Michigan.

Decided November 14, 1997, at 9:25 a.m.

Released for Publication February 10, 1998.

Attorney(s) appearing for the Case

Morganstern, MacAdams & De Vito by Stanley Morganstern and Christopher M. De Vito, Cleveland, OH (Lynch, Gallagher, Lynch & Martineau by Sue A. Jeffers, Mt. Pleasant, of counsel), for plaintiffs-appellees.

Dykema Gossett, PLLC by Dennis M. Haffey, Bloomfield Hills (Lee A. Schutzman, Detroit, of counsel), for defendant-appellant.

Before GRIBBS, P.J., and SAWYER and YOUNG, JJ.

SAWYER, Judge.

Defendant appeals by leave granted from an order of the circuit court denying its motion for summary disposition. We reverse.

Plaintiff M & M Chevrolet, Inc., entered into an agreement to purchase the assets of plaintiff Archie Oldsmobile/AMC, Inc. Because both parties were franchisees of General Motors Corporation (GMC), the agreement was expressly conditioned on approval by GMC. GMC declined to give its approval and plaintiffs thereafter...

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