Legal Opinion
International Harvester Credit Corp. v. East Coast Truck
Court of Appeals for the Fifth Circuit
Decided February 25, 1977No. 75-2196PublishedCited by 54 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
The central issue in this case is whether the district court correctly granted rescission of a contract when the party seeking relief not only failed to affirmatively ask for rescission in his complaint but specifically disavowed any intention of seeking such relief.
The facts are set forth in extensive detail in the opinion of the district court.1 Therefore, only a brief summary will be given here. Appellants, a manufacturer of motor trucks, and its related finance company (“Harvester”), entered into a franchise agreement with appellee, a retail truck dealer and its…
2Cases cited9 opinions
- Hoyte Gentry and N. R. Johnston v. William R. SmithCourt of Appeals for the Fifth Circuit · 1973
- 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
- Sapp v. RenfroeCourt of Appeals for the Fifth Circuit · 1975
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Savannah Bank & Trust Company of SavannahCourt of Appeals for the Fifth Circuit · 1966
- James K. Bettes v. Stonewall Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States v. Bernice H. ShanbaumCourt of Appeals for the Fifth Circuit · 1994
- Judy Portis v. First National Bank of New Albany, MsCourt of Appeals for the First Circuit · 1994
- Beaubouef v. Beaubouef (In Re Beaubouef)Court of Appeals for the Fifth Circuit · 1992
- Grand Light & Supply Co., Inc., Cross-Appellant v. Honeywell, Inc., Micro Switch, Cross-AppelleesCourt of Appeals for the Second Circuit · 1985
- Conair Corporation v. National Labor Relations Board, Local 222, International Ladies' Garment Workers' Union, Afl-Cio, IntervenorCourt of Appeals for the D.C. Circuit · 1983
49 more not listed; retrieve them via the Exa API.