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KEARNEY & TRECKER v. MASTER ENGRAVING

107 N.J. 584 (1987)

527 A.2d 429

KEARNEY & TRECKER CORPORATION, PLAINTIFF-APPELLANT, v. MASTER ENGRAVING COMPANY, INC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 7, 1987.

Attorney(s) appearing for the Case

Stephen N. Dermer and Malcolm D. Young, a member of the Nebraska bar, argued the cause for appellant (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys).

James M. Docherty argued the cause for respondent (Cohn & Lifland, attorneys).

The opinion of the Court was delivered by STEIN, J.

The critical issue posed by this appeal is whether the Uniform Commercial Code, N.J.S.A. 12A:1-101 to 10-106 (U.C.C. or Code), permits the enforcement of a contractual exclusion of consequential damages where the buyer's limited remedy authorized in the contract of sale has failed to achieve its essential purpose. Despite a specific exclusion of consequential damages in the contract between these parties,...

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