Legal Opinion
Edleman v. McMullin Orchards (In Re Silver Mill Frozen Foods, Inc.)
United States Bankruptcy Court, W.D. Michigan
Decided August 17, 1983No. 15-05828PublishedCited by 15 opinions
1Opinion of the Court
OPINION
RES JUDICATA, SPLITTING CAUSES OF ACTION
LAURENCE E. HOWARD, Bankruptcy Judge.
This matter is before the Court on a motion for summary judgment by McMullin Orchards based upon the doctrines of res judicata and the prohibition against splitting a single cause of action.
In August, 1979, debtor, Silver Mill Frozen Foods (Silver Mill) agreed to purchase 14,142 thirty pounds pails of frozen RSP cherries from McMullin Orchards (McMul-lin) for a total invoice price of $303,345.90. On August 29,1979, McMullin sent to Silver Mill an invoice which stated “No product to be shipped until payment…
2Cases cited11 opinions
- United States v. Swift & Co.Supreme Court of the United States · 1932
- Katchen v. LandySupreme Court of the United States · 1966
- Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
- Howell v. Vito's Trucking and Excavating Co.Michigan Supreme Court · 1971
- United States v. California Bridge & Construction Co.Supreme Court of the United States · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In the Matter of ENERGY COOPERATIVE, INC., a Delaware Corporation, Bankrupt-AppellantCourt of Appeals for the Seventh Circuit · 1987
- Magallanes v. Williams (In Re Magallanes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Gray v. Fill (In Re Fill)United States Bankruptcy Court, S.D. New York · 1987
- A.I. Credit Corp. v. Drabkin (In Re Auto-Train Corp.)District Court, District of Columbia · 1985
- In Re Montgomery Ward, LLCCourt of Appeals for the Third Circuit · 2011
10 more not listed; retrieve them via the Exa API.