· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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