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OLD KENT BANK v. KAL KUSTOM

Docket No. 231915.

660 N.W.2d 384 (2003)

255 Mich. App. 524

OLD KENT BANK, assignee of J & M Marine, Inc., Plaintiff-Appellant, v. KAL KUSTOM, Inc., and Kal Kustom ENTERPRISES, Defendants-Appellees.

Court of Appeals of Michigan.

Decided February 28, 2003, at 9:10 a.m.

Released for Publication May 6, 2003.

Attorney(s) appearing for the Case

Steven E. Bratschie & Associates, PC (by Steven E. Bratschie), Grand Rapids, for the plaintiff.

Britton & Bossenbroek, P.C. (by David L. Bossenbroek), Muskegon, for the defendant.

Before: SAWYER, P.J., and GAGE and TALBOT, JJ.

PER CURIAM.

Plaintiff Old Kent Bank (Old Kent) filed suit in this action as an assignee of J & M Marine, Inc.'s rights against defendant Kal Kustom Enterprises (Kal Kustom).1 The trial court granted summary disposition to Kal Kustom. We reverse and remand.

I. Factual Background

The factual and procedural history of this case is somewhat complex. In February 1997, Daniel Popp purchased a powerboat through J & M...

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