Breach of contract; Miller-Davis Co. v. Ahrens Constr., Inc. (On Remand); Account-stated; Keywell & Rosenfeld v. Bithell; Whether summary disposition was proper; Smith v. Globe Life Ins. Co.; Joint & several liability; Soberg v. Sanders

The court held that the trial court did not err by granting summary disposition for plaintiffs on their breach of contract and account-stated claims against defendants. Plaintiffs sued defendants alleging they failed to pay for construction work plaintiffs performed. The trial court entered judgment for plaintiffs and against defendants, jointly and severally. On appeal, the court noted that because defendants did not file a timely response to plaintiffs’ motion for summary disposition, they “effectively left plaintiffs’ version of events undisputed.” The trial court was “persuaded by that undisputed version of events.” Defendants did not address, “much less persuasively challenge, the trial court’s decision not to consider their response. And, even if they had," they were unable “to undermine the trial court’s ultimate decision.” Affirmed.