Skip to main content
· 10/23/1998

M&D, INC v. McCONKEY

Citations

  • 585 N.W.2d 33
  • 231 Mich. App. 22

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that summary disposition on a claim of silent fraud was appropriate because the plaintiff did not show that the defendant had any 5 Plaintiff argues that such a duty was established by Mich Admin Code, R 339.22333(1
  • stating that silent fraud is only actionable if it occurred when there was a duty to disclose
  • stating that an equitable duty to disclose can arise when buyers of real estate “express particularized concern or directly inquire of the seller”
  • noting that highly misleading actions give rise to a duty to disclose product defects
  • finding that the plaintiff failed to establish a legal duty pursuant to a sales contract when the contract expressly disclaimed representations and warranties and stated that the property was being sold “as is.”
  • listing elements of common-law fraud as (1) the defendant made a material misrepresentation; (2) the representation was false; (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Jansen, MacKenzie, Wahls, Gribbs, Murphy, Fitzgerald, O'Connell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.