Steven Jackson, Laura Jackson, and WMT & D, Inc. v. Bulk Ag Innovations, LLC, doing business as West Michigan Tool & Die, and O. Victor Mowatt

Summary

The Michigan Court of Appeals affirmed a default judgment awarding plaintiffs $207,587.14 for an unpaid earn-out payment, attorney fees, and costs. The court held that the plaintiffs failed to prove damages for an alleged loan of cash and accounts receivable by a preponderance of the evidence and that the trial court did not abuse its discretion by denying reconsideration. The court also upheld the refusal to award treble damages for statutory conversion.

Holdings

1. The trial court did not clearly err by refusing to award damages for the alleged loan because plaintiffs failed to prove the amount of their breach-of-contract damages with reasonable certainty.
2. The trial court did not abuse its discretion by denying reconsideration and refusing to reopen the record to receive evidence that plaintiffs could have presented before entry of the original judgment.
3. The trial court properly declined to award treble damages under MCL 600.2919a(1).

Questions Presented

1. Whether the trial court clearly erred in awarding no damages for the alleged unpaid loan of cash and accounts receivable.
2. Whether the trial court abused its discretion by denying plaintiffs' motion for reconsideration and refusing to reopen the record for additional damages evidence.
3. Whether plaintiffs were entitled to treble damages under MCL 600.2919a(1) for statutory conversion.

Disposition

affirmed