Davis v. Beres

24 Mich. App. 130 (1970)

180 N.W.2d 111

DAVIS

v.

BERES

Docket No. 7,229.

Michigan Court of Appeals.

Decided May 27, 1970.

Leave to appeal granted August 4, 1970.

Smith, Magnusson & Anderson, for plaintiff.

Bell, Hertler & Hopkins, for defendant.

Before: J.H. GILLIS, P.J., and DANHOF and O'HARA,[*] JJ.

Leave to appeal granted August 4, 1970. 383 Mich 814

O'HARA, J.

This case comes to us on leave granted to appeal an order of the circuit court denying defendant's motion for accelerated judgment.

The question as agreed upon and stated to us is:

"Must a suit under CLS 1961, § 436.22 (Stat Ann 1970 Cum Supp §…