Bomarko, Inc. v. Rapistan Corp.

The trial court granted plaintiffs’ motion for partial summary disposition with regard to their claim of breach of contract and also denied defendant’s motion for reconsideration.

I would concur in the affirmance of the trial court’s ruling that the parties’ dispute concerned a mistake of law that is not grounds for equitable relief, and, therefore, defendant is bound by the contract.

However, I believe the trial court’s interpretation of the law is in error. The taxes levied on July 1 and December 1, 1990, were not "due and payable” until their levy dates, July 1 and December 1, following the…