Ferd L. Alpert Industries, Inc. v. Oakland Metal Stamping Co.

This appeal is from a judgment of dismissal of defendant’s counterclaim for its failure to state a cause of action. According to the recitals thereof the judgment was entered on plaintiffs’ motion pursuant to GCR 1963, 117.2(1), immediately after counsel’s opening statement on the counterclaim. The Court of Appeals affirmed the judgment. 3 Mich App 101. We reverse and remand for further proceedings.

Plaintiffs’ complaint for damages for defendant’s alleged breach of certain real and personal property leases was withdrawn, apparently by consent .of all parties and of the circuit judge, several…