Legal Opinion · Dissent

Herweyer v. Clark Highway Services, Inc

Michigan Court of Appeals

Decided July 11, 1995No. Docket 171720Published

1DissentNeff, J.

The trial court and the majority here reached the conclusion that the six-month limitation period contained in the "application for employment” is unreasonable, and I agree with that conclusion. However, I cannot agree that a further provision in the application to the effect that if the six-month term is found to be unenforceable, then a "minimum reasonable time” is to be determined and enforced "as far as legally possible” can properly be read to support the conclusion that thirty-one months is unreasonably long. .

i

As a preliminary matter, I note that the language of the contract is vague…

2Cases cited4 opinions

  1. Larson v. Johns-Manville Sales Corp.Michigan Supreme Court · 1986
  2. Camelot Excavating Co., Inc. v. St. Paul Fire & Marine Ins. Co.Michigan Supreme Court · 1981
  3. Rowry v. University of MichiganMichigan Supreme Court · 1992
  4. DeMello v. McNamaraMichigan Court of Appeals · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API