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MARTIN v. JOSEPH HARRIS CO., INC.

No. 84-1416.

767 F.2d 296 (1985)

Duane MARTIN and Robert Rick, Plaintiffs-Appellees, v. The JOSEPH HARRIS CO., INC., a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 15, 1985.

Attorney(s) appearing for the Case

Kenneth L. Block, Grand Rapids, Mich., William D. Buchanan, Clark C. King, Jr., Lord, Bissell, & Brook, Chicago, Ill., and Keith D. Parr, argued, for defendant-appellant.

Richard A. Kay, argued, and Myra L. Willis, Varnum, Riddering, Schmidt & Howlet, Grand Rapids, Mich., for plaintiffs-appellees.

Before MERRITT and MILBURN, Circuit Judges, and GUY, District Judge.

MILBURN, Circuit Judge.

The defendant, Joseph Harris Co., Inc., brings this appeal following the district court's granting the plaintiffs' motion for a judgment not withstanding the verdict and a second trial in plaintiffs' action for damages as a result of defective seeds. Because we hold that the district court was correct in holding that, under the facts of this case, the disclaimer of warranty and limitation of remedy...

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