Falter v. Sokoloff

Michigan Court of Appeals

Falter v. Sokoloff

166 N.W.2d 823, 15 Mich. App. 549, 1969 Mich. App. LEXIS 1522

Michigan Court of Appeals·Decided January 29, 1969·No. Docket No. 5,394·Published

Opinion

Per Curiam.

On August 8,1967, Mrs. Freda Falter commenced an action against defendants Louis Sokoloff, Sam Warsh and Morris Sokoloff for the foreclosure of a land contract. On March 5, 1968, summary proceedings were heard in Macomb County Circuit Court. From a summary judgment for plaintiff, defendants appeal, alleging a material issue of fact relating to waiver had been raised.

An examination of the testimony and record discloses there was no error. Under the circumstances, [550] the court was not required to deny the motion, as there was no evidence to support a claim of waiver.

See Larson v. Pittman (1966), 3 Mich App 348. Affirmed. Costs to appellees.

Fitzgerald, P. J., and R. B. Burns and Bronson, JJ., concurred.

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Per Curiam.

On August 8,1967, Mrs. Freda Falter commenced an action against defendants Louis Sokoloff, Sam Warsh and Morris Sokoloff for the foreclosure of a land contract. On March 5, 1968, summary proceedings were heard in Macomb County Circuit Court. From a summary judgment for plaintiff, defendants appeal, alleging a material issue of fact relating to waiver had been raised.

An examination of the testimony and record discloses there was no error. Under the circumstances, [550] the court was not required to deny the motion, as there was no evidence to support a claim of waiver.

See Larson v. Pittman (1966), 3 Mich App 348. Affirmed. Costs to appellees.

Fitzgerald, P. J., and R. B. Burns and Bronson, JJ., concurred.

Falter v. Sokoloff, 166 N.W.2d 823, 15 Mich. App. 549, 1969 Mich. App. LEXIS 1522 (Mich. Ct. App. 1969).

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Opinion

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