SUN MEDICAL EQUIPMENT CO V COMERICA BANK

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STATE OF MICHIGAN COURT OF APPEALS SUN MEDICAL EQUIPMENT COMPANY, INC., UNPUBLISHED Plaintiff-Appellant, v COMERICA BANK, f/k/a MANUFACTURERS BANK, N.A., No. 195424 Wayne Circuit Court LC No. 95-505262-NO Defendant-Appellee. Before: Wahls, P.J., and White and Gage, JJ. WHITE, J. (concurring). I agree that plaintiff did not preserve breach of contract and breach of fiduciary duty claims based on defendant’s handling of the lock-box. I also agree that plaintiff did not establish a partnership relationship with defendant, and failed to adequately support its breach of fiduciary duty, fraud, tortious interference and breach of the implied covenant of good faith claims. Further, because I conclude that under the circumstances of this case, the term “back on track financially” was too indefinite to provide an essential contractual term, or to support a claim for promissory estoppel, even in the context of the parties’ prior dealings, I concur in the affirmance regarding the breach of contract and promissory estoppel claims. /s/ Helene N. White -1

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