KUNSTSTOFFWERK ALFRED HUBER v. R. J. DICK, INC.

No. 79-1855.

621 F.2d 560 (1980)

KUNSTSTOFFWERK ALFRED HUBER, Alfred Ziegler, Substituted Plaintiff, Appellee, v. R. J. DICK, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided May 12, 1980.


Attorney(s) appearing for the Case

David J. Meloy (argued), Stanley, Lande, Coulter & Pearce, Muscatine, Iowa, Spencer A. Manthorpe, Hepburn, Ross, Willcox & Putnam, Philadelphia, Pa., for appellant.

Werner H. Von Rosenstiel (argued), Bellwoar, Rich & Mankas, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge and ADAMS and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case, the district court concluded that under the Uniform Commercial Code the buyer has the burden of establishing that the seller agreed to pay consequential damages when goods proved defective. We hold that to avoid such liability the seller must prove an agreement that limits damages, and, in this instance, the course of dealing between the parties was not adequate to demonstrate such an understanding...

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