City Nat. Bank of Detroit v. Westland Towers Apartments, Docket No. 67776

• Decision Date: 25 June 1982
• Docket Number: Docket No. 67776
• Citation: 413 Mich. 938,320 N.W.2d 881
• Parties: CITY NATIONAL BANK OF DETROIT, A Michigan Banking Association, Plaintiff-Appellant, v. WESTLAND TOWERS APARTMENTS, a Michigan co-partnership, et al., Defendants-Appellees.
• Court: Michigan Supreme Court

Page 881

320 N.W.2d 881

413 Mich. 938

CITY NATIONAL BANK OF DETROIT, A Michigan Banking Association, Plaintiff-Appellant, v. WESTLAND TOWERS APARTMENTS, a Michigan co-partnership, et al., Defendants-Appellees.

Docket No. 67776.

Supreme Court of Michigan.

June 25, 1982.

ORDER

On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment in part, 107 Mich.App. 213, 309 N.W.2d 209, and REMAND to the trial court for further proceedings. The trial court granted summary judgment in favor of defendants pursuant to GCR 1963, 117.2(3), with respect to all of plaintiff's claims, including plaintiff's claim to recovery on the theory of unjust enrichment. The Court of Appeals affirmed. The record indicates that the monies transferred from plaintiff to defendants were used to an undetermined extent for the benefit of defendants. Summary judgment is therefore inappropriate to bar equitable recovery on the claim of unjust enrichment. See Restatement Restitution, Sec. 15, p. 66; and Restatement Agency, 2d, Secs. 98 and 99.

In all other respects the application for leave to appeal is considered, and it is DENIED, because the Court is not persuaded that the remaining questions presented should now be reviewed by this Court.

We retain no jurisdiction.