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FISHER SAND AND GRAVEL COMPANY v. NEAL A. SWEEBE, INC.

Docket No. 143374. Calendar No. 1.

837 N.W.2d 244 (2013)

494 Mich. 543

FISHER SAND AND GRAVEL COMPANY v. NEAL A. SWEEBE, INC.

Supreme Court of Michigan.

Decided July 30, 2013.

Attorney(s) appearing for the Case

Allan Falk, P.C., Okemos (by Allan Falk), and McClintic & McClintic, P.C., Mount Pleasant (by William M. McClintic and Gavin W. McClintic), for plaintiff.

W. Jay Brown PLC, Midland (by W. Jay Brown), for defendant.

Roger L. Premo, Farmington Hills for Amicus Curiae the Michigan Creditors Bar Association.

ZAHRA, J.

At issue in this case is whether the four-year period of limitations in § 2725 of article 2 of Michigan's Uniform Commercial Code (UCC),1 MCL 440.2725, is applicable to actions on either an open account or an account stated when the underlying debt stemmed from the sale of goods. Because actions on an account stated and actions on an open account are distinct and independent from the underlying transactions giving rise to...

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