Contracts Keyed to Murphy
Lewis Refrigeration Co. v. Sawyer Fruit, Vegetable and Cold Storage Co
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff sold Defendant a cold storage unit. The contract contained warranties that the unit could process six thousand pounds of fruit per hour and that it would use 1.8 liquid pounds of Freon per one hundred pounds of fruit. The contract also stated that if the unit did not function properly, Plaintiff would repair it. A provision concerning the remedy for breach of contract stated that rescission was the only remedy and did not allow for consequential damages. After some disagreement, Plaintiff sued Defendant for the balance left on the contract. Defendant counterclaimed on the basis that the provision concerning remedy for breach of contract, alleging that the provision did not meet its purpose, was unconscionable. The jury awarded Defendant damages for lost profits and excess Freon.
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