Old Kent Bank v. Kal Kustom Enterprises

Plaintiff Old Kent Bank (Old Kent) filed suit in this action as an assignee of J & M Marine, Inc.’s rights against defendant Kal Kustom Enterprises (Kal Kustom). The trial court granted summary disposition to Kal Kustom. We reverse and remand.

I. FACTUAL BACKGROUND

The factual and procedural history of this case is somewhat complex. In February 1997, Daniel Popp purchased a powerboat through J & M Marine. Old Kent financed the sale, with J & M Marine acting as guarantor. J & M Marine contracted directly with Kal Kustom to provide the boat, which was manufactured by Magic Powerboat Sales, Inc.…