Legal Opinion
Duane Martin and Robert Rick v. The Joseph Harris Co., Inc., a Foreign Corporation
Court of Appeals for the Sixth Circuit
Decided July 15, 1985No. 84-1416PublishedCited by 54 opinions
1Opinion of the Court
MILBURN, Circuit Judge.
The defendant, Joseph Harris Co., Inc., brings this appeal following the district *298court’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 clause used by the defendant was unconscionable under Michigan law, and because we further hold that the district court properly held that the implied warranty of…
2Cases cited25 opinions
- A & M PRODUCE CO. v. FMC Corp.California Court of Appeal · 1982
- Allen v. Michigan Bell Telephone Co.Michigan Court of Appeals · 1969
- Johnson v. Mobil Oil Corp.District Court, E.D. Michigan · 1976
- Cornelia O'COnnOr Grey, James Charles Grey and Michael Carter Grey v. First National Bank in DallasCourt of Appeals for the First Circuit · 1968
- Dorothy Jane Simpson v. Jefferson Standard Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1972
20 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Josephine GAGNÉ, Plaintiff-Appellant, v. NORTHWESTERN NATIONAL INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989
- Robert L. Wright v. John Will Holbrook, Individually and in His Official Capacity as Mayor of the City of Morehead, KentuckyCourt of Appeals for the Sixth Circuit · 1986
- Molton v. City of ClevelandCourt of Appeals for the Sixth Circuit · 1988
- Shreve v. Sears, Roebuck & Co.District Court, D. Maryland · 2001
- Carlson v. General Motors Corp.Court of Appeals for the Fourth Circuit · 1989
49 more not listed; retrieve them via the Exa API.