Cassidy v. McGovern

86 Mich. App. 321 (1978)

272 N.W.2d 644

CASSIDY

v.

McGOVERN

Docket No. 77-2507.

Michigan Court of Appeals.

Decided October 3, 1978.

John D. Hayes, for plaintiffs.

Gillett & Carpenter, for defendants.

Before: D.E. HOLBROOK, JR., P.J., and BASHARA and R.M. MAHER, JJ.

The concurrence/dissent adequately states the facts in this case and satisfactorily disposes of most of the issues facing us. We differ on two points, however. Plaintiffs in this case argue that the trial court erred in refusing to include in its instructions the holding of McKendrick v Petrucci, 71 Mich App 200; 247 NW2d 349 (1976). As our…