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STATE OF MICHIGAN
COURT OF APPEALS


BETTY S. MANNI and BENNIE MANNI, Plaintiffs-Appellees, v RANDY A. BISHOP and VICTORIA A. BISHOP, Defendants, and COLONIAL CENTRAL SAVINGS BANK, f/k/a CENTRAL STATE SAVINGS & LOAN ASSOCIATION, Defendant-Appellant.

UNPUBLISHED August 19, 1997

No. 192831 Macomb Circuit Court LC No. 93-003860-NZ

Before: Sawyer, P.J., and Bandstra and E. A. Quinnell*, JJ. MEMORANDUM. By leave granted, appellant contends that the Macomb Circuit Court erred in denying its motion for summary disposition, based on the statute of limitations, concerning plaintiffs' claim of fraud. This case is being decided without oral argument pursuant to MCR 7.214(E). Plaintiffs' first amended complaint alleges fraud by the bank in conjunction with a 1984 land contract, pursuant to which Betty Manni, as vendor, sold her residence to her son, Randy Bishop. She then sold her land contract vendor's interest to defendant bank for valuable consideration. Plaintiff in her complaint alleges that the land contract was procured by fraud. The fraud alleged is that of Randy Bishop, in inducing plaintiff to sign the land contract and related documents without allowing plaintiff to read the contract. Assuming arguendo that this avoids application of the rule of Sponseller v Kimball, 246 Mich 255, 260; 224 NW 359 (1929); Scholz v Montgomery Ward & Co, 437 Mich 83, 92; 468 NW2d 845 (1991), the only act of fraudulent * Circuit judge, sitting on the Court of Appeals by assignment. -1

concealment alleged is by Randy Bishop. Viewing the case in a light most favorable to plaintiff, and thus assuming that a six-year period of limitations applies for fraudulent misrepresentation, RJA

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