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Walbro Engine Management, LLC v. Surecan, Inc.

2017 WL 6345825 (2017)

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Walbro Engine Management, LLC v. Surecan, Inc.

Michigan Court of Appeals
2017 WL 6345825 (2017)

RW

Facts

Walbro Engine Management, LLC (Walbro) (plaintiff) and Surecan, Inc. (defendant) signed a memorandum of agreement whereby Walbro would produce, and Surecan would buy, up to five million units of a particular product. Walbro geared up for production. Surecan leased warehouse space and hired employees ready to receive the products. Walbro and Surecan soon fell into disagreement over price and payment terms that their memorandum of agreement had left open. Walbro sued for a declaratory judgment that these open terms rendered the memorandum unenforceable as a contract. Surecan counterclaimed for breach of an implied contract and promissory estoppel. The trial court granted Walbro’s motion for summary judgment and dismissed Surecan’s counterclaim. Surecan based its appeal to the Michigan Court of Appeals on Michigan’s version of the Uniform Commercial Code (UCC).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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