Trinkle v. Schumacher Co.

Plaintiff Walter Trinkle and defendant Schumacher Company both appeal from the trial court’s judgment awarding plaintiff $1,275.50. Trinkle contends that, in addition to the $1,275.50 purchase price of the goods, he is entitled to recover consequential damages. Schumacher Company challenges the trial court’s award contending that plaintiff should be barred from any recovery by the terms of the agreement between the parties. We agree with Trinkle and modify the trial court’s award of damages.

Trinkle ordered 72 yards of fabric for $1,275.50 from respondent Schumacher Company, acting through its…