Milgard Tempering, Inc., Plaintiff-Appellant-Cross-Appellee v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellee-Cross-Appellant

EUGENE A. WRIGHT, Circuit Judge:

This case presents the question whether a consequential damages limitation justified summary judgment for defendant-seller when the limited remedy of repair and replacement allegedly failed of its essential purpose. We hold that it did not and remand for trial.

FACTS:

Milgard Manufacturing, Inc. cuts and installs glass for use in residential and commercial construction. In 1979, it negotiated a contract with Selas Corporation of America to purchase a sophisticated glass tempering furnace. With Selas’ consent, this contract was assigned to plaintiff, Mil-gard…