DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043090P.pdf 11/07/2005 Raymond Day v. Case Credit Corp.
U.S. Court of Appeals Case No: 04-3090
Eastern District of Arkansas
[PUBLISHED] [Bye, Author, with Murphy and Smith, Circuit Judges]
Civil case - contracts. District court did not err in concluding that
dealer was not acting as Case's agent when he negotiated lease
agreements; however, the district court erred in finding Case could
enforce either the oral contracts the dealer entered into or the forged
purchase agreements he submitted because Case was not the assignee of
the oral agreements and the forged agreements are unenforceable; nor can
Case enforce the agreements as a third-party beneficiary; on remand the
district court should consider whether Case's alleged misconduct should
also preclude recovery on an unjust enrichment theory.