Birch Run Nursery v. Jemal

The trial court granted defendants’ motion for accelerated judgment and summary judgment pursuant to GCR 1963, 116 and 117. Plaintiffs appeal as of right. On appeal, we accept as true the well-pleaded facts in plaintiffs’ complaint. Harrison v Arrow Metal Products Corp, 20 Mich App 590; 174 NW2d 875 (1969); Johnston’s Administrator v United Airlines, 23 Mich App 279; 178 NW2d 536 (1970).

The claims of plaintiff, Birch Run Nursery, an alleged Michigan copartnership, and plaintiffs Arthur R. Alexander and Hugh Alexander, in their capacity as surviving partners, are asserted in counts one and two…