This cases arose from a Purchase Agreement between plaintiff and F Company for property located in Michigan (the property). Plaintiff brought suit against F Company for failing to pay the remainder of the earnest-money deposit ($45,000) by the date specified in the Purchase Agreement.
Plaintiff alleged breach of contract and sought declaratory relief.
F Company filed a counter complaint, alleging that plaintiff breached the Purchase Agreement in various respects.
Plaintiff signed and entered into the Purchase Agreement for the sale of the property as the “Seller.” As the seller of property under the Purchase Agreement, he could properly pursue a claim for breach of that agreement. In asserting his claim of breach of contract, plaintiff was not relying on the rights or interest of any other party because plaintiff was a party to the contract. While it is undisputed that R LLC owned the property, plaintiff, not R LLC, was the party to the Purchase Agreement.
The trial court agreed with plaintiff’s interpretation of the language of the Purchase Agreement and granted summary disposition to plaintiff on his claims, dismissed F Company’s counterclaims, and entered judgment in favor of plaintiff in the amount of $45,000.
F Company then filed motions for reconsideration and to set aside the judgment, which were based on allegations that plaintiff lacked standing, was not the correct party in interest, and committed fraud.
The trial court further awarded plaintiff attorney fees as a sanction for F Company’s filing of the motion to set aside the judgment, which it found was disingenuous.
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