# Heritage Resources, Inc. v. Caterpillar Financial Services Corp.

> Michigan Court of Appeals · June 30, 2009 · 284 Mich. App. 617

URL: https://www.frixlaw.com/law-library/cases/9666538

## Case

- **Full name:** Heritage Resources, Inc v. Caterpillar Financial Services Corporation
- **Court:** Michigan Court of Appeals
- **Decided:** June 30, 2009
- **Citations:** 284 Mich. App. 617; 774 N.W.2d 332
- **Precedential status:** Published
- **Opinion:** Concurrence by Hoekstra
- **Judges:** Jansen, Hoekstra, Markey
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9666538

## How later opinions describe it (automated extraction)

- holding that the broad language used in a settlement sufficed to release all claims because “[t]here cannot be any broader classification than the word ‘all[,]’ ” which “leaves no room for exceptions”
- concluding that Michigan law requires privity of contract “for a remote purchaser to enforce a manufacturer’s express warranty ”

## Opinion text

*644 HOEKSTRA, J.
(concurring). Because MCR 7.215(J) requires me to follow Romska v Opper, 234 Mich App 512 ; 594 NW2d 853 (1999), in which this Court adopted the flat-bar rule, I concur with the result reached by the majority. For the reasons stated in my dissent in Romska , I am convinced that the intent rule is the better-reasoned rule and the rule most consistent with Michigan caselaw and statutes. Here, it is apparent from the circumstances that Heritage did not intend for its settlement agreement with Michigan Tractor & Machinery Company to release and discharge its implied warranty claims against Gencor Industries, Inc. In all other aspects, I agree and join with the majority.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666538. Public record. Not legal advice.