HARTWIG FARMS v. PACIFIC GAMBLE ROBINSON

No. 3561-1-III.

28 Wn. App. 539 (1981)

625 P.2d 171

HARTWIG FARMS, INC., ET AL, Plaintiffs, v. PACIFIC GAMBLE ROBINSON CO., Respondent, TOBIASON POTATO COMPANY, INC., Appellant.

The Court of Appeals of Washington, Division Three.

March 3, 1981.


Attorney(s) appearing for the Case

Homer A. Crollard and Gavin, Robinson, Kendrick, Redman & Mays, for appellant.

Diehl R. Rettig and Raekes, Rettig & Osborne, for respondent.


ROE, A.C.J.

This case involves the validity of a disclaimer placed on an invoice after a contract of sale has been made. The trial court held as a matter of law that such a disclaimer was not effective. We agree.

In 1977, plaintiff Hartwig Farms, Inc., which usually grew russet potatoes, purchased blue tag certified Norgold seed potatoes from Pacific Gamble Robinson. Plaintiffs Rizzuti and Anderson also purchased blue tag certified Norgold seed potatoes from...

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