Legal Opinion · Dissent

Caramagno v. Tuchel

Michigan Court of Appeals

Decided November 21, 1988No. Docket No. 101255Published

1DissentJ. B. Bruff, J.

The majority has *176gone to great lengths to show the extent of statutory and regulatory control a real estate broker may exercise over a real estate salesperson in his employ. Neither the conclusion that such control was exercised in this case nor the conclusion that the evidentiary facts presented here are susceptible of only one inference, i.e., that Bryant is a servant of Lee Realty rather than an independent contractor, is inevitably reached based upon the Occupational Code, MCL 339.101 et seq.; MSA 18.425(101) et seq., and the Michigan Administrative Code, 1979 AC, R 338.2701 et seq.

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2Cases cited4 opinions

  1. Nichol v. BillotMichigan Supreme Court · 1979
  2. Michigan National Bank-Oakland v. WheelingMichigan Court of Appeals · 1988
  3. Sliter v. CobbMichigan Supreme Court · 1972
  4. Noble v. Roadway Express, IncMichigan Court of Appeals · 1986

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