Cowin Equipment Company, Inc. Etc. v. General Motors Corporation, Etc.

RONEY, Circuit Judge:

Plaintiff Cowin Equipment Co., Inc. sued General Motors Corporation (GMC) for damages on the ground that the terms of its dealer sales and service agreement were unconscionable under § 2-302 of the Uniform Commercial Code. The district court held the provision was unconscionable as a matter of law and denied defendant’s motion for summary judgment. We granted leave to appeal on the district court’s 1292(b) certificate. 28 U.S.C.A. § 1292(b). We reverse on the ground that U.C.C. § 2-302, which concerns unconscionable contracts, does not create a cause of action for damages.