THE BEHLER-YOUNG COMPANY V A C BEAUDRY INC

Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS THE BEHLER-YOUNG COMPANY, UNPUBLISHED September 25, 2008 Plaintiff-Appellee, v No. 277775 Genesee Circuit Court LC No. 04-080526-CZ A.C. BEAUDRY, INC., DONALD A. BEAUDRY, and KATHLEEN BEAUDRY, Defendants, and ROBERT L. POMEROY and PEGGY POMEROY, Defendants-Appellants. Before: Cavanagh, P.J., and Jansen and Kelly, JJ. JANSEN, J. (concurring). I fully concur in the majority’s opinion. I write separately to point out that, contrary to plaintiff’s argumentative assertions before this Court during oral argument, the Pomeroys’ execution of the consent judgment did not constitute an admission that they had violated the terms of the Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. I fully acknowledge that, by entering into the consent judgment, the Pomeroys agreed to pay the sums due to plaintiff. I further acknowledge that paragraphs 2 and 3 of the consent judgment refer to the MBTFA for attorney fees and costs. However, the consent judgment simply does not contain an admission of liability under the MBTFA. It merely states that the Pomeroys agreed to pay the money, but makes no mention of the Pomeroys’ precise motivation for doing so. Plaintiff certainly could have attempted to incorporate into the consent judgment an admission of the Pomeroys’ liability under the MBTFA. However, it does not appear that plaintiff attempted to incorporate any such provision. Plaintiff’s counsel exceeded the scope of good-faith argument when he asserted that the Pomeroys had admitted to liability for violating the MBTFA. I cannot condone the arguments of plaintiff’s counsel, which appear to have been designed to obscure the actual issues pending before the Court. /s/ Kathleen Jansen -1-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.