Martin Bros. v. Fruehauf Corp.

Michigan Court of Appeals
Martin Bros. v. Fruehauf Corp., 11 Mich. App. 573 (1968)
161 N.W.2d 767; 1968 Mich. App. LEXIS 1330
Burns, Dalton, Levin

Martin Bros. v. Fruehauf Corp.

Opinion of the Court

Per Curiam.

The trial judge found that load imbalance rather than defective design caused the trailer sold by the defendant to the plaintiff Martin Brothers Mill & Foundry Supply Company to tip over.

We have examined the record and conclude that such finding was not clearly erroneous. GrCR 1963, 517.1. That finding precludes recovery oh plaintiffs’ implied warranty as well as on their negligence counts. Piercefield v. Remington Arms Company, Inc. (1965), 375 Mich 85, 98; Prosser, Torts (3d ed), p 683,n 63.

Affirmed. Costs to appellee.

Levin, P. J., and Burns and Dalton, JJ., concurred.

Reference

Full Case Name
MARTIN BROTHERS MILL & FOUNDRY SUPPLY COMPANY v. FRUEHAUF CORPORATION
Cited By
1 case
Status
Published