Opinion
No. 105292.
October 29, 1996.
Summary Dispositions October 29, 1996:
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed in part. MCR 7.302(F)(1). Insofar as the plaintiff's claim for breach of contract was based on the alleged "guarantee" language of the contract, it was properly dismissed. At the latest, the guarantee expired on March 30, 1986, and plaintiff did not promptly file a written notice of claim as required by that provision of the contract. However, the contractual provision that a lawsuit must be filed within one year of the written notice of claim applied only to the optional guarantee, and not to other contract claims. The six-year statute of limitations of MCL 600.5807(8); MSA 27A.5807(8) applies to those claims. That limitation period had not expired before the plaintiff filed this action because of the defendant's efforts in 1989 and 1990 to remedy the continuing problems at plaintiff's premises. Weeks v Slavik Builders, Inc, 384 Mich. 257 (1970).
The case is remanded to the Wayne Circuit Court for further proceedings. In all other respects leave to appeal is denied. Jurisdiction is not retained.
Court of Appeals No. 173728.
I would deny leave to appeal.