KELLY-STEHNEY & ASSOCIATES, INC. v. MACDONALD'S INDUSTRIAL PRODUCTS, INC.

Docket No. 238079.

693 N.W.2d 394 (2005)

265 Mich. App. 105

KELLY-STEHNEY & ASSOCIATES, INC., Plaintiff-Appellant, v. MACDONALD'S INDUSTRIAL PRODUCTS, INC., Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 3, 2005, at 9:05 a.m.

Released for Publication March 17, 2005.


Attorney(s) appearing for the Case

Colombo and Colombo, P.C. (by Michael J. O'Shaughnessy and Eric R. Bowden), for the plaintiff. Bloomfield Hills.

Miller, Johnson, Snell & Cummiskey, P.L.C. (by David J. Gass and S. Grace Davis), for the defendant. Grand Rapids.

Before: BANDSTRA, P.J., and ZAHRA and METER, JJ.


ON REMAND

ZAHRA, J.

In February 1994, the parties entered into a written manufacturer's representative agreement (MRA) by which plaintiff would receive three percent commissions on its sales of products manufactured by defendant for three years, thereafter extending in one-year increments, unless otherwise agreed in writing. In early 1997, defendant orally proposed to extend the contract for another three years on the condition that plaintiff's commissions...

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