Ben P. Fyke & Sons v. Gunter Co.

390 Mich. 649 (1973)

213 N.W.2d 134

BEN P. FYKE & SONS

v.

GUNTER COMPANY

No. 5 October Term 1973, Docket No. 54,414.

Supreme Court of Michigan.

Decided December 18, 1973.

Hyman & Rice (by David F. Simon), for plaintiff.

Allan G. Greenberg, for defendant.

LEVIN, J.

The Court of Appeals held that the trial judge was justified in denying the motion of the defendant, The Gunter Company, to amend its answer to set up an affirmative defense based on plaintiff Ben P. Fyke & Sons, Inc.'s failure to file an annual report and pay franchise fees. We reverse.

Fyke is seeking payment for services rendered under an…