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WATERS v. MASSEY-FERGUSON, INC.

No. 84-1882.

775 F.2d 587 (1985)

Gilbert WATERS, Appellee, v. MASSEY-FERGUSON, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 28, 1985.

Rehearing Denied December 6, 1985.

Attorney(s) appearing for the Case

William Reynolds Williams, Florence, S.C. (Willcox, Hardee, McLeod, Buyck & Baker, Florence, S.C., on brief) for appellant.

Clarke W. DuBose, Columbia, S.C. (H. Simmons Tate, Jr., Boyd, Knowlton, Tate & Finlay, P.A., Columbia, S.C., on brief) for appellee.

Before MURNAGHAN, ERVIN and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

This case presents a familiar problem in commercial law. Separate warranty provisions limited a buyer's remedies for defective goods to the repair or replacement of parts and limited the buyer's recoverable losses from defective goods by disclaiming seller responsibility for consequential damages. The goods in fact were defective, the seller could not repair, and the buyer suffered catastrophic financial losses. In the subsequent lawsuit...

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