Cascade Ophio, Inc., DBA C.W. Ohio, Inc. vs. Modern Machine Corporation, A Tennessee Corporation, et al

Machine Tool & Die, Inc., now known as CMTD, Inc. ("the Seller"), and Modern Machine Corporation, a Tennessee corporation ("Modern Tennessee" or "the Buyer"), regarding a machine that the Seller had agreed to build for the Customer. After the Seller agreed to build the machine, the Seller entered into an agreement with the Buyer to sell its assets to the Buyer, including the Seller's contract to build the machine for the Customer. The machine was never built, prompting this lawsuit. Following a bench trial, the court held that the Seller and Buyer were liable to the Customer for the down payment made on the machine purchase. The court further held that the Buyer was liable to the Customer under the Tennessee Consumer Protection Act ("the TCPA"), trebled the Customer's damages, and held the Buyer responsible for the attorney's fees of the Customer. The court also held the Buyer liable to indemnify the Seller, including the attorney's fees of the Seller. The court also pierced the corporate veil of the Buyer and held parties related to the Buyer jointly liable with the Buyer. The Buyer and its related parties appeal. We reverse in part and modify in part. Except as modified or reversed, the judgment is affirmed. Case remanded.