open account claim (Michigan) · Go Syfert
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open account claim in Michigan

5 Michigan opinions name it 2 courts 2013–2021 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc.green
mich · 2013 · cited in 4 Michigan opinions naming this issue, 2017–2021
2 sentences

2020“An open account claim is not a breach of contract action for the sale of goods; it is an action to collect on the single liability stemming from the parties’ credit -2- relationship regardless of the underlying transactions comprising the account.” Id.

2017On remand, the trial court should determine whether, accepting plaintiff’s allegations as true and viewing the evidence in the light most favorable to it, plaintiff’s claim constituted a claim on an open account or a claim for the breach of a contract for sale, see id. at 560, 573 , and should conduct such further proceedings as are appropriate in light of that determination.

24
Maiden v. Rozwoodgreen
mich · 1999 · cited in 1 Michigan opinions naming this issue, 2021–2021
2 sentences

2021See also Maiden v Rozwood, 461 Mich 109, 121 ; 597 NW2d 817 (1999). 3 Unlike an account-stated claim, “there is no assent to a balance due” for an open-account claim.

2021See also Maiden v Rozwood, 461 Mich 109, 121 ; 597 NW2d 817 (1999). 3 Unlike an account-stated claim, “there is no assent to a balance due” for an open-account claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In Re Dei's Estate green
mich · 1940
1 sentence

2013But when the credit relationship is not defined as an integral part of the transaction for goods or services, and instead arises from a course of dealing between the parties, an open 67 Id. at 357 . 68 See Goodsole, 202 Mich at 203 ; In re Dei’s Estate, 293 Mich at 656-658 ; Seyburn, 483 Mich at 357 . 22 account claim may arise by implied contract.69 Applying this holding to the present case, it is unclear whether an integral component of the parties’ transactions was an express agreement for the periodic payment of money.

12013–2013
Goodsole v. Jeffery green
mich · 1918
1 sentence

2013But when the credit relationship is not defined as an integral part of the transaction for goods or services, and instead arises from a course of dealing between the parties, an open 67 Id. at 357 . 68 See Goodsole, 202 Mich at 203 ; In re Dei’s Estate, 293 Mich at 656-658 ; Seyburn, 483 Mich at 357 . 22 account claim may arise by implied contract.69 Applying this holding to the present case, it is unclear whether an integral component of the parties’ transactions was an express agreement for the periodic payment of money.

12013–2013
Fisher Sand & Gravel Co. v. Neal A Sweebe, Inc. green
michctapp · 2011
2 sentences

2013Nor did the trial court find that defendant’s May 9, 2005, payment of $152.98 revived plaintiff’s cause of action. 6 Fisher Sand & Gravel Co v Neal A Sweebe, Inc, 293 Mich App 66 ; 810 NW2d 277 (2011).

2013Nor did the trial court find that defendant’s May 9, 2005, payment of $152.98 revived plaintiff’s cause of action. 6 Fisher Sand & Gravel Co v Neal A Sweebe, Inc, 293 Mich App 66 ; 810 NW2d 277 (2011).

12013–2013
Miner v. Lorman green
mich · 1885
2 sentences

2013This rule is at least as old as Miner v Lorman, 56 Mich 212, 216 ; 22 NW 265 (1885).

2013This rule is at least as old as Miner v Lorman, 56 Mich 212, 216 ; 22 NW 265 (1885).

12013–2013
Seyburn, Kahn, Ginn, Bess, Deitch & Serlin, PC v. Bakshi green
mich · 2009
2 sentences

2013But when the credit relationship is not defined as an integral part of the transaction for goods or services, and instead arises from a course of dealing between the parties, an open 67 Id. at 357 . 68 See Goodsole, 202 Mich at 203 ; In re Dei’s Estate, 293 Mich at 656-658 ; Seyburn, 483 Mich at 357 . 22 account claim may arise by implied contract.69 Applying this holding to the present case, it is unclear whether an integral component of the parties’ transactions was an express agreement for the periodic payment of money.

2013But when the credit relationship is not defined as an integral part of the transaction for goods or services, and instead arises from a course of dealing between the parties, an open 67 Id. at 357 . 68 See Goodsole, 202 Mich at 203 ; In re Dei’s Estate, 293 Mich at 656-658 ; Seyburn, 483 Mich at 357 . 22 account claim may arise by implied contract.69 Applying this holding to the present case, it is unclear whether an integral component of the parties’ transactions was an express agreement for the periodic payment of money.

12013–2013

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 600.2145 (5) MI § Mich. Comp. Laws § 440.2725 (3) MI § Mich. Comp. Laws § 600.5807 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 5 (2013–2021) LA 3 (1976–1999) GA 2 (2011–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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