Village of Constantine and Raymond Scott, D/B/A Scott Construction v. Home Insurance Company, a Foreign Corporation

EDWARDS, Circuit Judge.

Appellants, Raymond Scott and the Village of Constantine, appeal from an order of the United States District Court for the Western District of Michigan dismissing their complaints after trial on the ground that under Michigan law the defendant, Home Insurance Company, was not liable to either plaintiff.

The facts developed by stipulation and trial indicate that Scott had sold certain generators to the Village of Constantine under a title-retaining conditional sales contract. The contract required Scott to “insure the equipment for breakdown insurance.” In pursuance of…