OAKLAND COMMERCE BANK v. FRANKLIN BANK, NA

Leave to Appeal Denied.

No. 123123; Court of Appeals No. 232978.

CAVANAGH and KELLY, JJ. We would grant leave to appeal.

MARKMAN, J. (dissenting).

Because I believe that reasonable minds could differ as to whether defendant "disclosed" the fact that the parties had settled a prior lawsuit between them, a disclosure in contravention of the contract between these parties, I would peremptorily reverse the Court of Appeals and remand this case for trial.