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ZANTEL MARKETING AGENCY v. WHITESELL CORP.

Docket No. 248313.

696 N.W.2d 735 (2005)

265 Mich. App. 559

ZANTEL MARKETING AGENCY, Plaintiff-Appellee/Cross-Appellant, v. WHITESELL CORPORATION, f/k/a Whitesell Manufacturing, and Whitesell of Michigan, Inc., Defendants-Appellants/Cross-Appellees, and William Whitaker and Stamptech of Michigan, Inc., Defendants.

Court of Appeals of Michigan.

Decided March 29, 2005, at 9:00 a.m.

Released for Publication May 26, 2005.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by David J. Szymanski, Patrick Burkett, and Beth N. Desmon), Southfield, for Zantel Marketing Agency.

Clark Hill PLC (by Timothy D. Wittlinger, James E. Brenner, Danon D. Goodrum, and Paul Smith), Detroit, for Whitesell Corporation and Whitesell of Michigan, Inc.

Before: METER, P.J., and WILDER and SCHUETTE, JJ.

WILDER, J.

Defendants, Whitesell Corporation (Whitesell) and Whitesell of Michigan, Inc. (WOM), appeal as of right the judgment entered on a verdict in favor of plaintiff Zantel Marketing Agency (Zantel). Zantel was awarded $353,737 in damages on its breach of contract claim, $26,670 in damages on its claim under the Michigan sales representatives commissions act (SRCA), MCL 600.2961, and case evaluation sanctions and costs under MCR 2.403(O) in the amount $112,424...

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