Narrative Opinion Summary
In this case, the plaintiff, Standard Building Products Company, filed a claim against Woodland Building Company for an outstanding balance under an oral contract to pour 132 basements. Disputes arose concerning the contract price and warranty period due to defects in some basements. Woodland withheld payment, citing a breach of warranty and claiming costs for potential repairs. Standard sought recovery of the contract price and additional service charges. Woodland counterclaimed for repair costs and a holdback. The Oakland County Circuit Court granted partial summary judgment for $3,521, the undisputed amount after deductions for repairs. The remainder of the claims was reserved for trial. Woodland's motion for a new trial was denied, but the court clarified the judgment did not preclude further defect claims. The court determined the partial summary judgment was interlocutory, not appealable as of right, necessitating an application for leave to appeal. The appeal was dismissed, with costs awarded to Standard, underscoring the necessity of following procedural rules for appealing interlocutory judgments in Michigan.
Legal Issues Addressed
Denial of Motion for New Trialsubscribe to see similar legal issues
Application: The court denied the motion for a new trial, affirming that the partial summary judgment did not preclude further claims related to defects.
Reasoning: The court denied Woodland's motion for a new trial and clarified that the partial summary judgment did not preclude Woodland from pursuing claims related to defects in the basements.
Interlocutory Judgment and Appealabilitysubscribe to see similar legal issues
Application: The court clarified that the partial summary judgment was interlocutory and not appealable as of right under Michigan law.
Reasoning: The court noted that the partial summary judgment acts as an interlocutory judgment, which is not appealable as of right under Michigan law, requiring an application for leave to appeal instead.
Partial Summary Judgmentsubscribe to see similar legal issues
Application: The court granted partial summary judgment for the undisputed amount of the claim, leaving the remainder of the claims for trial.
Reasoning: After subtracting $351 for repairs Woodland claimed Standard was responsible for, the court granted a partial summary judgment for the undisputed amount of $3,521, leaving the remainder of the claims for trial.