William B. Schultz, and Cross-Appellant v. Tecumseh Products, a Corporation, and Cross-Appellee

The District Judge, sitting in Michigan, in a diversity case, was confronted with difficult problems of conflict of laws when the time arrived for him to charge the jury. No issue as to the law of Kentucky had been previously raised in the pleadings or in the issues of law and fact set forth in the pre-trial order.

At the request of plaintiff, the court charged the jury on implied warranty under the provisions of the Kentucky statute which was also in force in Michigan in substantially the same language. Counsel for plaintiff cited to the court only one Kentucky decision, namely, *434North…