Seibel v. Layne & Bowler, Inc.

HOLMAN, S. J.

This is an action for breach of contract, breach of warranty and negligence. Plaintiffs seek to recover consequential damages allegedly caused by the failure of the pump, which they purchased from defendant, to function properly. Defendant contends that recovery is foreclosed by contract provisions which disclaim all but a relatively limited warranty and which deny consequential damages. After a hearing to determine whether the disclaimer provisions were unconscionable, the trial court determined that recovery was barred and dismissed the complaint. Plaintiffs appeal.

Plaintiffs…