SOUTHERN HARDWARE CO. v. HONEYWELL INFORMATION

No. 13868.

373 So.2d 738 (1979)

SOUTHERN HARDWARE CO., LTD., Plaintiff-Appellant, v. HONEYWELL INFORMATION SYSTEMS, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied July 30, 1979.

Writ Refused October 8, 1979.


Attorney(s) appearing for the Case

Madison, Files, Garrett, Brandon & Hamaker by David I. Garrett, Jr. and J. Lawrence Mullens, Monroe, for plaintiff-appellant.

Snellings, Breard, Sartor, Inabnett & Trascher by Kent Breard, Monroe, for defendant-appellee.

Before BOLIN, HALL and JONES, JJ.


En Banc. Rehearing Denied July 30, 1979.

BOLIN, Judge.

Plaintiff sued defendant for damages occasioned by defendant's failure to deliver a computer system in accordance with a lease/purchase agreement entered into by the parties. Finding plaintiff had waived his right to damages under an exculpatory clause contained in the agreement, the trial court sustained defendant's exception of no cause of action. We reverse and remand.

Among the facts alleged...

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