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Commercial Law Keyed to Whaley
Helena Chemical Co. v. Williamson
Citation:
2015 WL 1298435Facts
In 2010, Williamson began farming and contracted with Helena for goods and services under a Credit Sales and Services Agreement (“the Agreement”). In 2013, Helena provided corn seed to Williamson that ultimately failed to germinate and which Williamson alleges was wet when it was delivered to him. Williamson alleged that the wet corn seed absorbed more chemicals than it normally would have, resulting in a significant loss of corn production. Helena argued that Williamson’s crop failure was due to his improper application of fertilizer. Williamson made one payment to Helena and refused further payment, arguing that Helena was negligent in delivering wet corn seed. Helena filed a motion seeking a ruling from the court that Williamson cannot recover consequential damages based on the exclusion/limitations of remedies provision of the Agreement. Williamson argued the limitation/exclusion of consequential damages provision in the Agreement is unenforceable under Tennessee law.
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UCC Warranties