Miller Industries, Inc. v. Cadillac State Bank

Prior to March 1, 1958, plaintiff owned and operated a glass division within its corporate structure. Because this division directly competed with the business of one of plaintiff’s major customers, plaintiff, at the customer’s request, decided to sell its glass division.

Plaintiff’s president, Mr. Miller, asked Mr. Kushmaul, the manager of the division, if he would be interested in purchasing the business. Kushmaul expressed an interest in the purchase, but had no capital. Mr. Miller then told Kushmaul that financing could be obtained through the defendant bank.

On March 1, 1958, defendant…