Mbi Motor Company, Inc. v. Lotus/east, Inc., and Dutchess Auto Company
Court of Appeals for the Sixth Circuit
1Opinion of the Court
PHILLIPS, Chief Judge.
In this diversity case, MBI Motor Company, Inc., filed suit against Lotus/East, Inc., in connection with five automobiles it purchased at wholesale from that defendant. After a trial to the court sitting without a jury, the District Judge .entered judgment in favor of MBI and against Lotus/East based on a theory of liability not mentioned in the complaint or in the pretrial order. Lotus/East appeals from this judgment. For the reasons stated below, we vacate the judgment of the District Court and remand for further proceedings.
Lotus/East is a distributor of Lotus…
2Cases cited8 opinions
- Gerard M. Monod and Alys Monod v. Futura, Inc., a Delaware Corporation, Highlands, Inc., a Colorado Corporation, and Whipple Van Ness JonesCourt of Appeals for the Tenth Circuit · 1969
- Ford Motor Company v. MoultonTennessee Supreme Court · 1974
- Marsha Lee Wallin, as Administratrix of the Estate of Carl R. Wallin, Deceased v. Allen Ernest Fuller and Nationwide Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- James K. Bettes v. Stonewall Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Standard Title Insurance Company, a Corporation v. Donald F. RobertsCourt of Appeals for the Eighth Circuit · 1965
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3Cited by54 opinions
- Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1976
- Consolidated Data Terminals, a California Corporation, and Cross-Appellant v. Applied Digital Data Systems, Inc., a Corporation, and Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Vichi v. Koninklijke Philips ElectronicsCourt of Chancery of Delaware · 2014
- Anna Carlyle, Guardian of the Estate of Henry Robinson, Jr. v. United States of America, Department of the ArmyCourt of Appeals for the Sixth Circuit · 1982
- State ex rel. Evans v. Bainbridge Township TrusteesOhio Supreme Court · 1983
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