Bailey v. Midwestern Enterprises, Inc.

Lazarus, Judge.

Plaintiff-appellant, Donald R. Bailey, appeals from the entry of summary judgment in favor of defendant-appellee, Midwestern Enterprises, Inc., d.b.a. Midvo Ferrari (“Midvo”). In his second appeal .in this case, Bailey raises the following assignments of error:

“1. The trial court erred as a matter of law in finding that Midvo did not accept Bailey’s retail buyer’s order.

“2. The trial court’s finding that Midvo’s representative did not have apparent authority to accept the retail buyer’s order is against the manifest weight of the evidence.”

Bailey contacted Midvo in 1987 to…