SSC Associates Ltd. Partnership v. General Retirement System

Defendant appeals as of right from the circuit court’s order granting summary disposition to plaintiff based on no genuine issue of material fact. MCR 2.116(0(10). We reverse.

On December 13, 1984, plaintiff executed a mortgage note for $5,500,000 payable to defendant. On October 8, 1986, it prepaid the note, defendant having determined that the amount owed was $6,007,910. Plaintiff later demanded a partial refund, alleging that defendant miscalculated the interest due. When defendant refused the request, plaintiff filed a complaint, claiming that defendant had breached the terms of the note.

Th…