Lake Villa Oxford Associates, LLP, et al. v. Homestead Properties, LP

The trial court deemed a contractual clause on whether personal guarantee was assignable to another party without the guarantor's permission to be ambiguous, and sent the question to the jury, which decided in favor of Petitioner Kenneth Burnham. The jury verdict was overturned by the Michigan Court of Appeals, which substituted its own factual findings. The Questions Presented are:

1. Did the Michigan Court of Appeals violate the Seventh Amendment Re-Examination Clause of the United States Constitution when it substituted its own factual findings for that of the jury and denied Due Process under the Fourteenth Amendment to the Petitioner?

2. Did the Michigan Supreme Court err when it found no question from the appellee to be worthy of consideration regarding the trial court’s delivery of an ambiguous contract to the jury fact finder?