Kassin v. Arc-Mation Inc

On October 8, 1975, Oxford Precise Casting, Inc. (OPC) purchased a majority interest in Arc-Mation, Inc. Paragraph 4 of the contract to purchase read as follows: ""Purchaser agrees that it is the intention of the parties that all the creditors of Arc-Mation, Inc., will be satisfied by payment or agreed upon compromise between purchaser and respective creditors. In any event, purchaser shall not permit the filing of any voluntary petition in bankruptcy or receiverships to make any assignment for the benefit of creditors."" Subsequently, Robert Kassin, a creditor of Arc-Mation, filed a complaint in district court against Arc-Mation and OPC, requesting payment by OPC of Arc-Mation's debt to plaintiff. The district court entered summary judgment for plaintiff against OPC. OPC appealed to Oakland Circuit Court. Alice L. Gilbert, J., dismissed the appeal on her own motion for noncompliance with the court rules and lack of diligence, determining that OPC had abandoned the appeal. Defendant OPC appeals by leave granted alleging 1) that the circuit court abused its discretion by dismissing the appeal and 2) that an affidavit filed by OPC created an issue of fact as to the meaning of the above-quoted paragraph in the purchase contract. Held : 1. OPC was required to file a brief in circuit court within 20 days after the district court gave notice that the records had been transmitted to circuit court. However, due to an administrative error, the district court failed to transmit the record. Thus, OPC's brief must be considered timely filed. The circuit court is reversed and the appeal is reinstated.