Donald R. Brock, Clinical Biotest Laboratories, Inc., a Michigan Corporation v. Consolidated Biomedical Laboratories, a Delaware Corporation

MERRITT, Circuit Judge.

The sole issue raised in this appeal is whether the District Court properly dismissed plaintiffs’ negligent performance of contract claim. The District Court correctly held that Michigan law does not recognize a cause of action in tort for the negligent performance of a contract. We therefore affirm the District Court.

In this diversity action plaintiffs Donald R. Brock, M.D., and Clinical Biotest Laboratories, Inc., entered into a written contract with defendant-corporation, Consolidated Biomedical Labs, for the sale of the plaintiff-corporation and its customer…