Formall, Inc v. Community National Bank

138 Mich. App. 588 (1984)

360 N.W.2d 902

FORMALL, INC.

v.

COMMUNITY NATIONAL BANK

Docket No. 71848.

Michigan Court of Appeals.

Decided November 5, 1984.

Rickel, Earle & Wokas (by Donald L. Bramlage, Jr.), for plaintiffs.

Bodman, Longley & Dahling (by Kenneth R. Lango and Larry R. Shulman), for defendant.

Before: ALLEN, P.J., and V.J. BRENNAN and R.M. DANIELS,[*] JJ.

ALLEN, P.J.

We are asked to determine whether an "anti-waiver" clause in a revolving credit note for $200,000 may be the subject of estoppel based on the lender bank's prior course of conduct. The trial court answered this question in the…