Summary
In Olbrys, the Sixth Circuit concluded the Michigan Supreme Court would reject the court of appeals decisions allowing attorney's fees as an element of consequential damages under Michigan's version of the UCC. The circuit based its conclusion on the general rule that fees are not recoverable as an element of damages and that section 440.2715, the Michigan UCC provision on consequential damages, is silent as to fees.
Summary of this case from Webco Industries, Inc. v. Thermatool Corp.Opinion
94-2016, 94-2070.
March 28, 1996.
Appeal from W.D.Mich.
Decisions without Published Opinions Reversed