ROHE SCI CORP v. NBD

Full title: ROHE SCIENTIFIC CORPORATION v NATIONAL BANK OF DETROIT (ON REHEARING)

Court: Michigan Court of Appeals

Date published: Apr 2, 1984

135 Mich. App. 777 (Mich. Ct. App. 1984)

355 N.W.2d 883

Opinion

Docket No. 68889.

Decided April 2, 1984. Opinion on rehearing filed June 28, 1984. Leave to appeal applied for.

Cross, Wrock, Miller Vieson (by Jonathon S. Taub), for plaintiff.

Martin McGaffey and John F. Fellrath, Jr., for defendant.

ON REHEARING

Before: DANHOF, C.J., and ALLEN and M.E. DODGE,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Upon consideration of plaintiff's 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 N.W.2d 776 (1981), and Allen v Morris Building Co, 360 Mich. 214; 103 N.W.2d 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.