Eliel v. Sears, Roebuck & Co.

In this action, plaintiffs sought to recover damages for breach of an employment contract, age and sex discrimination, and loss of consortium. The circuit court granted defendants’ motions for summary judgment pursuant to GCR 1963, 117.2(3), holding that there was no genuine dispute as to any material fact and that defendants were entitled to prevail as a matter of law. Plaintiffs appeal as of right.

In Toussaint v Blue Cross & Blue Shield of Michigan, 408 Mich 579, 598; 292 NW2d 880 (1980), the Court said:

"We hold that

"1) a provision of an employment contract providing that an employee shall…