Legal Opinion · Dissent

Orley Enterprises, Inc v. Tri-Pointe, Inc

Michigan Court of Appeals

Decided September 6, 1994No. Docket 147428Published

1DissentTaylor, J.

(dissenting.) I respectfully dissent.

When contractual language is clear, its interpretation is a question of law for the court. When presented with a dispute, a court must determine what the parties’ agreement is and enforce it. Contractual language should be given its plain and ordinary meaning. G & A, Inc v Nahra, 204 Mich App 329, 330-331; 514 NW2d 255 (1994). Our task, *621then, is to determine if the language at issue is ambiguous.

The parties in this ease provided for default remedies in the purchase agreement as follows:

In the event of Default by the Purchaser in any material aspect of any…

2Cases cited5 opinions

  1. Production Finishing Corp. v. ShieldsMichigan Court of Appeals · 1987
  2. G & a INC v. NahraMichigan Court of Appeals · 1994
  3. Riverview Cooperative, Inc. v. First National Bank & Trust Co.Michigan Supreme Court · 1983
  4. Ames v. MaxsonMichigan Court of Appeals · 1987
  5. Davis v. Louis G. Palmer Co.Michigan Supreme Court · 1933

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