Holliday v. National Dairy Products Corp.

CourtMichigan Supreme Court
CitationHolliday v. National Dairy Products Corp., 216 N.W.2d 919, 391 Mich. 816 (Mich. 1974)
Decision Date24 April 1974
Docket NumberNo. 55551,55551
PartiesOliver Leroy HOLLIDAY, Plaintiff-Appellant, v. NATIONAL DAIRY PRODUCTS CORPORATION, a Delaware corporation, Defendant-Appellee. 391 Mich. 816, 216 N.W.2d 919

Before the Entire Bench.

ORDER

On order of the Court, plaintiff and appellant's application for leave to appeal is hereby granted. Pursuant to GCR 1963, 865.1(7), the Court on its own motion, for the reasons set forth in the dissenting opinion of Judge Bronson reported at 50 Mich.App. 366, 370, 213 N.W.2d 289 (1973) hereby orders that the decision of the trial court denying defendant's motion for directed verdict and judgment notwithstanding the verdict is hereby affirmed.

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35 cases
  • Craig v. Larson
    • United States
    • Michigan Supreme Court
    • October 1, 1988
    ...152; 1961 P.A. 224; 1972 P.A. 196; 1980 P.A. 351.6 See also Todd v. Biglow, 51 Mich. App. 346, 351, 214 N.W.2d 733 (1974), lv. den. 391 Mich. 816 (1974).7 Arciero v. Wicks, 150 Mich.App. 522, 389 N.W.2d 116 (1986); Plamondon v. Matthews, 148 Mich.App. 737, 385 N.W.2d 273 (1985); Goss v. Ric......
  • O'Donnell v. State Farm Mut. Auto. Ins. Co.
    • United States
    • Court of Appeal of Michigan
    • August 4, 1976
    ...of the claim as determined from the pleadings alone. Todd v. Biglow, 51 Mich.App. 346, 349, 214 N.W.2d 733 (1974), Lv. den. 391 Mich. 816 (1974); 1 Honigman & Hawkins (2d ed.), Committee Notes to GCR 1963, 117, pp. 353, 355. For the purposes of that motion, both at the trial and appellate l......
  • Stewart v. Troutt
    • United States
    • Court of Appeal of Michigan
    • January 17, 1977
    ...of the claim as determined from the pleadings alone. Todd v. Biglow, 51 Mich.App. 346, 349, 214 N.W.2d 733 (1974), lv. den., 391 Mich. 816 (1974), 1 Honigman & Hawkins supra ; Committee Notes to GCR 1963, 117, pp. 353-355. For the purposes of that motion, both at the trial and appellate lev......
  • Pelc v. Bendix Mach. Tool Corp.
    • United States
    • Court of Appeal of Michigan
    • January 26, 1982
    ...plaintiff was surprised, misled or prejudiced by this omission. Todd v. Biglow, 51 Mich.App. 346, 214 N.W.2d 733 (1974), lv. den., 391 Mich. 816 (1974). Finally, since plaintiff failed to cite any authority in support of its argument that a grant of summary judgment is improper in an area o......
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