B & M Die Company v. Ford Motor Company

Plaintiff, B & M Die Company, filed suit against defendant, Ford Motor Company, in September, 1982, alleging in four
counts breach of an oral contract, unjust enrichment and wrongful interference with its business. In its second amended complaint,
plaintiff withdrew Count IV alleging wrongful interference with its business. During trial, B & M withdrew Count I --
breach of an oral contract. The case proceeded to the jury on two separate counts based on a claim of unjust enrichment. The
jury returned a special verdict for B & M, finding that defendant was unjustly enriched to the extent of $65,000 for
services provided to it by plaintiff. Plaintiff was also awarded $10,000 for cancelled purchase orders. The $10,000 award
is not contested by either party on appeal. Plaintiff appeals and defendant cross-appeals as of right from the $65,000 jury
verdict. At trial, the evidence revealed that B & M was a small die manufacturing and die cutting company, established in 1962
by brothers, F. Moses and Billy Smith. In 1974, Moses formed a second company, IDA or Independent Die, which he ran without
his brother's involvement. Moses, however, continued to retain a fifty percent interest in B & M. B & M ceased operation
as a company in 1981 and liquidated its assets. During the period of time relevant to this case, B & M was a supplier
of dies and services to Ford.