Ames v. Maxson

Plaintiffs appeal from an order granting summary disposition in favor of defendants, apparently under either MCR 2.116(C)(7) or (10). We reverse.

The following facts may be gleaned from the pleadings and affidavits. Plaintiffs were the owners of a dairy farm. On February 26, 1974, they sold the farm to Robert and Christina Emens by land contract for $310,000. The purchasers assigned their interest in the farm to defendants Dell Max-son and Henry Merkel. This was done with plaintiffs’ consent. Plaintiffs alleged that on December 1, 1979, all four defendants, including defendant wives who were…