Washburn v. Lake Diane Corp.

• Decision Date: 24 June 1969
• Docket Number: No. 2,Docket No. 6260,2
• Citation: 17 Mich.App. 704,170 N.W.2d 298
• Parties: Thomas W. WASHBURN and Helen Washburn, Plaintiffs-Appellees, v. LAKE DIANE CORPORATION, a Michigan corporation, and Floren Klopfenstein, Defendants-Appellants
• Court: Court of Appeal of Michigan — District of US

Page 298

170 N.W.2d 298

17 Mich.App. 704

Thomas W. WASHBURN and Helen Washburn, Plaintiffs-Appellees, v. LAKE DIANE CORPORATION, a Michigan corporation, and Floren Klopfenstein, Defendants-Appellants.

Docket No. 6260.

Court of Appeals of Michigan, Division No. 2.

June 24, 1969.

Released for Publication Sept. 16, 1969.

Clay T. Brockman and David J. Lori, Coldwater, for appellants.

Dimmers & Moes, Hillsdale, for appellees.

Before LESINSKI, C.J., and DANHOF and QUINN, JJ.

PER CURIAM.

This action arises out of a contract by which defendants were to develop and sell property owned by plaintiffs. By their action, plaintiffs sought to have the contract declared null and void, appointment of a receiver, and an accounting as to lots sold by defendants. By their answer, defendants admitted all of the allegations contained in plaintiffs' complaint, except the allegation of fraud, and defendants prayed for certain relief, including appointment of a receiver, to protect their interests and liabilities arising out of the contract. A receiver was appointed and he qualified to act.

The pretrial summary required defendants to furnish the receiver with ledger sheets as to each lot sold indicating selling price, nature of sale and amounts paid on sales up to the time receiver was appointed. This information was to be furnished to the receiver within 30 days of receipt of the pretrial summary, which also provided for default judgment on motion of plaintiffs if defendants failed to furnish the information as ordered.

Defendants failed to furnish the information as ordered. Plaintiffs' motion for default judgment...