Melick v. Nauman, Vandervoort, Inc.

Decision Date23 December 1974
Docket NumberNo. 56229,56229
Citation224 N.W.2d 280,393 Mich. 774
PartiesJohn V. MELICK, Jr., and Cornelius B. Phillips, Jr., Plaintiffs-Appellants, v. NAUMAN, VANDERVOORT, INC., a Michigan Corporation, Defendant-Appellee.
CourtMichigan Supreme Court

Before the Entire Bench.

ORDER

On order of the Court, the application for leave to appeal of plaintiffs-appellants is considered, and the same is hereby granted.

The Court, Sua sponte, pursuant to GCR 1963, 865.1(7), hereby reverses the decision of the Court of Appeals, 54 Mich.App. 171, 220 N.W.2d 748, and orders the judgment of the trial court reinstated for the reason that the trial court's finding of fact that the parties did not intend an accord and satisfaction is adequately supported by the record and is not clearly erroneous. This Court retains no further jurisdiction in this case.

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8 cases
  • Crampton v. 54-A Dist. Judge
    • United States
    • Michigan Supreme Court
    • May 1, 1975
    ...barred any further prosecution. The trial judge agreed and dismissed the charge. The people appeal on bypass granted by this Court, 393 Mich. 774 (1974). Hudgins poses the question whether making an improper U--turn or operating a vehicle which emits excessive smoke and carrying a pistol in......
  • People v. Milton
    • United States
    • Court of Appeal of Michigan — District of US
    • February 23, 1978
    ...insufficient to establish the crime of felony murder. People v. Gilbert, 55 Mich.App. 168, 173-174, 222 N.W.2d 305 (1974), lv. den., 393 Mich. 774 (1974). It should be noted that the prosecutor, Thomas Ziolkowski, attempted to cure part of the defective instructions at trial in an effort to......
  • People v. McKinney, Docket No. 21561
    • United States
    • Court of Appeal of Michigan — District of US
    • October 14, 1975
    ...497, 505, footnote 23, 197 N.W.2d 874. This Court's decision in People v. Gilbert, 55 Mich.App. 168, 222 N.W.2d 305 (1974), Lv. den., 393 Mich. 774 (1974), while admittedly a confession case, is apposite to the present factual situation and follows the controlling Allen As in People v. Morr......
  • Faith Reformed Church of Traverse City v. Thompson
    • United States
    • Court of Appeal of Michigan — District of US
    • February 25, 2002
    ...may be imposed by Melick v. Nauman Vandervoort, Inc., 54 Mich.App. 171, 179, 220 N.W.2d 748 (1974), rev'd on other grounds 393 Mich. 774, 224 N.W.2d 280 (1974), we think that Melick was wrongly decided. [Id. (emphasis in In Melick, this Court held that the plaintiffs were precluded from cha......
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