Charles Magley III v. M&W Incorporated

*310 In this tort case arising from the repossession of farm equipment, plaintiff, Charles Magley III, appeals as of right the order granting summary disposition to defendant, M&W Incorporated, under MCR 2.116(C)(10). Because the trial court erred by concluding that defendant could not be held liable when acting as an agent for a third party, and material *311 questions of fact *4 remain regarding the wrongfulness of defendant's conduct, we reverse the grant of summary disposition to defendant and remand for further proceedings.

Plaintiff is a farmer and the owner of a John Deere tractor. Plaintiff had…