Categories: Michigan Supreme Court Opinions

PHOENIX INV. HOLDING v. NOSAN SILVERMAN HOMES, LLC, 474 Mich. 893 (2005)

705 N.W.2d 109

PHOENIX INVESTMENT HOLDING COMPANY, INC., WOODLAND EXCAVATING, L.L.C., and WILLACKER HOMES, INC., Plaintiffs-Appellees, v. NOSAN SILVERMAN HOMES, L.L.C., SILVERMAN DEVELOPMENT CO., SILVERMAN HOMES, INC., SILVERMAN CONSTRUCTION CO. and TOLL BROTHERS, INC., Defendants-Appellants.

No. 126561.Supreme Court of Michigan.
October 26, 2005.

Summary Disposition.

SC: 126561, COA: 246398.

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate in part the judgment of the Court of Appeals and reinstate in part the May 7, 2002, order of the Oakland Circuit Court, as to plaintiffs’ count II. The circuit court properly dismissed count II because the liquidated damages provision also applied to nonmonetary default, such as the failure to enter into excavation contracts. We remand this case to the Oakland Circuit Court for further proceedings consistent with this order and the nonvacated portion of the Court of Appeals judgment.

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