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MERIT INDUS., INC. v. AUTO. REPLACEMENT PARTS CO.

Docket No. 5,640.

19 Mich. App. 541 (1969)

173 N.W.2d 4

MERIT INDUSTRIES, INC. v. AUTOMOTIVE REPLACEMENT PARTS CO., INC.

Michigan Court of Appeals.

Decided October 27, 1969.

Attorney(s) appearing for the Case

Kenney, Kenney, Chapman & Prather (John A. Cook, of counsel), for plaintiff.

Katz & Victor, for defendant.

Before: FITZGERALD, P.J., and LEVIN and T.M. BURNS, JJ.

PER CURIAM.

Plaintiff, a nationwide distributor of automotive parts, instituted suit against defendant, a Michigan wholesaler, in the common pleas court of the city of Detroit. Plaintiff alleged that discounts taken by defendant were improper because the payments were not made within the specified time, which the plaintiff claims was 90 days plus 5 days' grace period. Defendant answered that there had been an oral extension of the time within which payments could...

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