Martin Bros. v. Fruehauf Corp.

Michigan Court of Appeals

Martin Bros. v. Fruehauf Corp.

161 N.W.2d 767, 11 Mich. App. 573, 1968 Mich. App. LEXIS 1330

CourtMichigan Court of Appeals

DecidedMay 31, 1968

DocketDocket No. 2,867

StatusPublished

Cited by1 cases

This text of 161 N.W.2d 767 (Martin Bros. v. Fruehauf Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin Bros. v. Fruehauf Corp., 161 N.W.2d 767, 11 Mich. App. 573, 1968 Mich. App. LEXIS 1330 (Mich. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

The trial judge found that load imbalance rather than defective design caused the trailer sold by the defendant to the plaintiff Martin Brothers Mill & Foundry Supply Company to tip over.

We have examined the record and conclude that such finding was not clearly erroneous. GrCR 1963, 517.1. That finding precludes recovery oh plaintiffs’ implied warranty as well as on their negligence counts. Piercefield v. Remington Arms Company, Inc. (1965), 375 Mich 85, 98; Prosser, Torts (3d ed), p 683,n 63.

Affirmed. Costs to appellee.

Levin, P. J., and Burns and Dalton, JJ., concurred.

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