UNIVERSAL JEWELRY & WATCH REPAIR INC V UNITED PARCEL SERV INC
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STATE OF MICHIGAN
COURT OF APPEALS
UNIVERSAL JEWELRY,
UNPUBLISHED
September 28, 2001
Plaintiff-Appellant,
v
No. 223994
Oakland Circuit Court
LC No. 98-010926-NZ
UNITED PARCEL SERVICE, INC.,
Defendant-Appellee.
Before: Cavanagh, P.J., and Markey and Cooper, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the circuit court’s order dismissing its breach of contract
claim against defendant. We affirm. This appeal is being decided without oral argument
pursuant to MCR 7.214(E).
Summary disposition of plaintiff’s breach of contract complaint was proper under MCR
2.116(C)(10), since there was no genuine issue of material fact that the complained-of conduct
did not breach the contract in question. That contract expressly stated that defendant could ship
air service packages by ground transportation. Other documents showed that plaintiff knew that
defendant had unlimited discretion under the contract to send air service packages by truck
instead of by airplane or helicopter. Nothing in the contract supports plaintiff’s argument that air
service packages shipped by truck must be billed under ground service rates. Although the
circuit court stated that it was granting summary disposition pursuant to MCR 2.116(C)(8), that
misstatement or error does not require reversal since the circuit court reached the right result.
See Detroit v Presti, 240 Mich App 208, 214; 610 NW2d 261 (2000).
Affirmed.
/s/ Mark J. Cavanagh
/s/ Jane E. Markey
/s/ Jessica R. Cooper
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