Rohe Scientific Corp. v. National Bank

135 Mich. App. 777 | Mich. Ct. App. | 1984

On Rehearing

Before: Danhof, C.J., and Allen and M. E. Dodge,^* JJ. Per Curiam.

Upon consideration of plaintiffs application for rehearing, we reverse our previous opinion to the extent that it ordered a remand to the trial court to determine whether plaintiff acted with reasonable speed to mitigate its damages. In light of Willis v Ed Hudson Towing, Inc, 109 Mich App 344; 311 NW2d 776 (1981), and Allen v Morris Building Co, 360 Mich 214; 103 NW2d 491 (1960), plaintiff was under no duty to mitigate its damages. This case is remanded to the trial court for entry of an order fixing plaintiff’s damages at the market value of the equipment on the date of conversion minus the net proceeds realized by plaintiff in the post-conversion sale of the equipment, plus interest and any recoverable costs.

Case Details

Case Name: Rohe Scientific Corp. v. National Bank

Court Name: Michigan Court of Appeals

Date Published: Apr 2, 1984

Citation: 135 Mich. App. 777

Docket Number: Docket No. 68889

Court Abbreviation: Mich. Ct. App.