Harvey Cadillac Co. v. Rahain

Defendant E-Z Budget Auto Sales, Inc., appeals as of right the May 7, 1991, order of the Kent Circuit Court denying its motion to set aside a default judgment. Plaintiff, Harvey Cadillac Company, cross appeals the circuit court’s refusal to grant treble damages and attorney fees. We affirm in part, reverse in part, and remand for further proceedings.

This matter arises out of Harvey’s discovery that the odometer of a 1988 Buick had been tampered with. Harvey had acquired the car from a cus tomer who traded it in after purchasing it from Sharpe Buick, Inc. Sharpe had purchased the car from E-Z.…