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Contracts Keyed to Fuller
Seibel v. Layne & Bowler, Inc.
Citation:
641 P.2d 668 (1982)Facts
The plaintiffs, partners in a farming operation since 1960, decided to install a well and pump on their land due to a serious drought in Umatilla County in 1977. In February 1977, they contacted the defendant to purchase a pump, allegedly informing defendant’s agent about their urgent need for irrigation during the early growing season. On March 23, 1977, a contract was signed with specifications typed on the front and general terms and conditions, including disclaimers, printed on the reverse side. The defendant’s agent did not direct plaintiffs’ attention to these terms, and plaintiffs did not read them. The pump was delivered late on April 11 and tested on April 18, but installation problems arose. Despite plaintiffs’ requests, defendant did not properly address the issues until late July, and the pump continued to malfunction. Additional work was performed during winter 1977-78, and after another failed test in February 1978, defendant redesigned the pump.
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