(dissenting). I cannot agree with the majority’s disposition of this matter. The parties here involved do not dispute that a valid contract existed between plaintiff’s husband and defendant. The parties also agree that under the contract plaintiff’s husband had unused sick and emergency leave fringe benefits at the time of his death. Lastly, there is no dispute that the contract failed to provide for the disposition of those fringe benefits in the case of death.
While I agree that the trial court’s ruling that the retirement provision should be applied in the case of death was clearly erroneous, I would remand to the trial court to allow the parties the opportunity to supply the omitted contractual term based upon the intent of the parties at the time the contract was made. See Redinger v Standard Oil Co, 6 Mich App 74; 148 NW2d 225 (1967), Nichols v Seaks, 296 Mich 154, 159; 295 NW 596 (1941).