Legal Opinion
M&D, INC v. McCONKEY
Michigan Court of Appeals
Decided October 23, 1998No. Docket 175201PublishedCited by 118 opinions
1Opinion of the CourtJansen, P.J.
Pursuant to MCR 7.215(H), this special conflict panel was convened to resolve the conflict between the prior opinion in this case, 226 Mich App 801 (1997), and Shimmons v Mortgage Corp of America, 206 Mich App 27; 520 NW2d 670 (1994). The prior panel in this case held that it was bound by MCR 7.215(H) to follow Shimmons, which held that a plaintiff may allege fraudulent concealment even where the purchase agreement includes an “as is” clause and that fraudulent concealment is established by showing that the hidden defect (which need not be unreasonably dangerous) was known to the vendor and…
2Cases cited20 opinions
- Spiek v. Department of TransportationMichigan Supreme Court · 1998
- Hi-Way Motor Co. v. International Harvester Co.Michigan Supreme Court · 1976
- United States Fidelity & Guaranty Co. v. BlackMichigan Supreme Court · 1981
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Candler v. HeighoMichigan Supreme Court · 1919
15 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- Bank of America Na v. First American Title Insurance CompanyMichigan Supreme Court · 2016
- Novak v. Nationwide Mutual InsuranceMichigan Court of Appeals · 1999
- Derderian v. Genesys Health Care SystemsMichigan Court of Appeals · 2004
- Hord v. Environmental Research InstituteMichigan Supreme Court · 2000
- In re General Motors LLC Ignition Switch LitigationDistrict Court, S.D. New York · 2017
113 more not listed; retrieve them via the Exa API.