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CHATLOS SYSTEMS v. NATIONAL CASH REGISTER CORP.

Nos. 80-1011, 80-1012.

635 F.2d 1081 (1980)

CHATLOS SYSTEMS, INC., a New Jersey Corporation v. NATIONAL CASH REGISTER CORPORATION (NCR CORPORATION). Appeal of CHATLOS SYSTEMS, INC., in No. 80-1011. Appeal of NCR CORPORATION, INC., in No. 80-1012.

United States Court of Appeals, Third Circuit.

Decided November 26, 1980.

As Amended December 5, 1980.

Attorney(s) appearing for the Case

Marc S. Friedman (argued), Steven D. Fleissig, Kalb, Friedman & Siegelbaum, Newark, N.J., for Chatlos Systems, Inc.

Richard V. Jones (argued), Paul M. Colwell, Stryker, Tams & Dill, Newark, N.J., for National Cash Register Corp.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case governed by the Uniform Commercial Code, the district court assessed damages for breach of warranty after finding that the seller's failure to timely program a computer system caused a contractual remedy to fail of its essential purpose. Despite an express provision in the agreement prohibiting recovery of consequential damages, the court also made an award for such losses. Although we accept...

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