Oil Supply Co. v. Hires Parts Service, Inc.

The facts as recited in the earlier appeal are binding upon the parties. Although the “law of the case” doctrine is discretionary with this court, the parties are not at liberty to contest facts which have already been determined and which formed the basis of an earlier appellate decision. Certain Northeast Annexation Area Landowners v. City of Fort Wayne (1993) Ind.App., 622 N.E.2d 548, 549, trans. denied.3

In the recitation of facts, the August 30, 1993 memorandum decision noted:

“Hires acknowledged delivery of the antifreeze by signing a memorandum which listed Oü Supply as the shipper and…