A E Giroux, Inc. v. Contract Services Associates

Plaintiff sued to recover on a construction contract. Defendant moved for summary judgment on the basis that an accord and satisfaction between the parties had dissolved defendant’s liability under the original contract. The lower court granted defendant’s motion.

It should first be noted that defendant’s motion should have been for accelerated judgment pursuant to GCR 1963, 116.1(5). Since neither party would appear to have been prejudiced by the mislabeling of defendant’s motion, we shall address the issues raised as though the proper motion had been filed. Unger v Forest Home Twp, 65 Mich…