SEIBEL v. LAYNE & BOWLER, INC.

No. 11,556; CA 19246.

641 P.2d 668 (1982)

56 Or.App. 387

Albert L. SEIBEL and Ralph J. Seibel, Dba Seibel Bros., a Partnership, Appellants, v. LAYNE & BOWLER, INC., a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Decided March 8, 1982.

Reconsideration Denied April 13, 1982.


Attorney(s) appearing for the Case

Michael B. Collins, Pendleton, argued the cause for appellants. On the briefs was Collins & Collins, Pendleton.

Charles D. Harms, Portland, argued the cause for respondent. With him on the brief was Leichner, Barker & Harms, P.C., Portland.

Before RICHARDSON, P.J., YOUNG, J., and HOLMAN, Senior Judge.


HOLMAN, Senior Judge.

This is an action for breach of contract, breach of warranty and negligence. Plaintiffs seek to recover consequential damages allegedly caused by the failure of the pump, which they purchased from defendant, to function properly. Defendant contends that recovery is foreclosed by contract provisions which disclaim all but a relatively limited warranty and which deny consequential damages. After a hearing to determine whether the disclaimer provisions...

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