Opinion
No. 119219 (62).
October 30, 2002.
COA: 207538, Wayne CC: 96-612160-CK
On order of the Court, the application for leave to appeal from the April 24, 2001 decision of the Court of Appeals is considered, and it is GRANTED. The motion for peremptory reversal is also considered, and it DENIED as moot. The parties are directed to include among the issues to be briefed whether there exists a genuine fact dispute as to whether defendant's alleged silence in the face of plaintiff's activity relative to the excluded machine tool supplies constituted a waiver in light of the anti-waiver provision in the contract, paragraph 11, which purports to prevent silent modification of the written agreement.