In Zurcher v. Herveat, Mich App; NW2d (issued 10/26/99), the case went to trial on both the plaintiffs' equitable claim for specific performance and their claim for damages. Id., slip op at 3. The Court cited to discussions on the record indicating that both parties understood that the plaintiffs' equitable claims would be considered, if not decided, by the trial court, and noted that under those circumstances, it could not conclude that no one in the case questioned the appropriateness of a jury trial of the equitable issues. Id., slip op at 15, 20-21 n 21.