Livonia Building Materials Co. v. Harrison Construction Co.

Plaintiff, Livonia Building Materials Company (LBM), appeals as of right the trial court’s order granting a motion for judgment notwithstanding the verdict (JNOV) in favor of defendants, Henry G. Bell and Keith M. Penner, in this claim involving the Michigan builders’ trust fund act (MBTFA), MCL 570.151 el seq. Penner cross-appeals, and Bell separately appeals, the same order. Because the trial court properly found that Bell and Penner did not personally guarantee their companies’ debts to LBM, we affirm the trial court’s grant of directed verdict on that issue. However, because the record…