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STATE OF MICHIGAN COURT OF APPEALS

FISHER SAND AND GRAVEL COMPANY, Plaintiff-Appellant, v NEAL A. SWEEBE, INC., Defendant-Appellee.

FOR PUBLICATION June 7, 2011 9:10 a.m. No. 297156 Midland Circuit Court LC No. 09-005960-CK Advance Sheets Version

Before: OWENS, P.J., and O'CONNELL and METER, JJ. OWENS, P.J. In this action concerning an open account related to the sale of goods, plaintiff, Fisher Sand and Gravel Company, appeals as of right the trial court's order granting defendant, Neal A. Sweebe, Inc., summary disposition pursuant to MCR 2.116(C)(7) on the basis of the statute of limitations. We affirm. Plaintiff provided some concrete supplies to defendant from October 1991 through October 2004. Plaintiff periodically issued invoices to defendant for the goods, and defendant periodically made payments toward the accrued balance. On May 9, 2005, defendant received a delivery of goods for which plaintiff issued an invoice for $152.98. On May 13, 2005, defendant made a payment of $152.98, which was the last date that defendant made any payment to plaintiff. Plaintiff filed this action on August 13, 2009, asserting claims for breach of contract, account stated, and unjust enrichment, and alleging that defendant owed a remaining balance of $92,968.57 (including $3,718.32 in finance charges) as of June 30, 2009. In an amended complaint filed on October 29, 2009, plaintiff added a claim entitled "amount owed on open account." Defendant moved for summary disposition on the ground that plaintiff's action was barred by the four-year limitations period in

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Michigan Law