HERITAGE RESOURCES INC V CATERPILLAR FINANCIAL SERVICES CORPAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
HERITAGE RESOURCES, INC.,
June 30, 2009
CATERPILLAR FINANCIAL SERVICES
CORPORATION, a/k/a CAT FINANCIAL and
MICHIGAN TRACTOR & MACHINERY
COMPANY, a/k/a MICHIGAN CAT,
Kent Circuit Court
LC No. 03-001720-CK
Advance Sheets Version
GENCOR INDUSTRINES, INC.,
Before: Jansen, P.J., and Hoekstra and Markey, JJ.
HOEKSTRA, J. (concurring).
Because MCR 7.215(J) requires me to follow Romska v Opper, 234 Mich App 512; 594
NW2d 853 (1999), in which this Court adopted the flat-bar rule, I concur with the result reached
by the majority. For the reasons stated in my dissent in Romska, I am convinced that the intent
rule is the better-reasoned rule and the rule most consistent with Michigan caselaw and statutes.
Here, it is apparent from the circumstances that Heritage did not intend for its settlement
agreement with Michigan Tractor & Machinery Company to release and discharge its implied
warranty claims against Gencor Industries, Inc. In all other aspects, I agree and join with the
/s/ Joel P. Hoekstra