Apex Smelting Co. v. Burns
United States Court of Appeals for the Seventh Circuit
175 F.2d 978 (1949)
Relevant factsFree
Apex (plaintiff) sued Burns (defendant), its contracted security-guard provider, after a guard Burns hired set fires on Apex's property, but Apex pursued the case at trial solely on a negligence theory, which the district court rejected via a directed verdict for Burns; Apex sought to raise a breach-of-contract theory for the first time on appeal.
IssueFree
Whether a party may raise a breach of contract theory of liability for the first time on appeal after losing at trial under a negligence theory.
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