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THARALSON v. PFIZER GENETICS, INC.

Nos. 83-1623, 83-1647.

728 F.2d 1108 (1984)

John T. THARALSON, Appellant and Cross Appellee, v. PFIZER GENETICS, INC., a corporation, Appellee and Cross Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1984.

Attorney(s) appearing for the Case

Duane G. Elness, William A. Robbins, Duane G. Elness, Associate, Cavalier, N.D., for appellant and cross-appellee.

Paul G. Woutat, Vaaler, Gillig, Warcup, Woutat, Zimney & Foster (Chartered), Grand Forks, N.D., for appellee and cross-appellant, Pfizer.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

John Tharalson (plaintiff) brought an action against Pfizer Genetics (defendant) for breach of warranty on a sale of seed corn. In a court trial, defendant was found liable for breach of warranty. However, the court held that plaintiff's recovery was limited to the sale price of the seed corn by a limitation of damages provision in the contract of sale. Defendant had cross-appealed for an amount in excess of the sale price, which was...

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