Allan J. Hartzell v. Justus Company, Inc., a Corporation, and Justus Homes

ARNOLD, Circuit Judge.

This is an appeal by the defendants Jus-tus Company, Inc., and Justus Homes 1 from the District Court’s 2 judgment on a jury verdict in favor of the plaintiff Allan J. Hartzell in the amount of $34,794.67. Justus Homes alleges error in the trial judge’s refusal to instruct the jury on a limitation-of-remedies clause in its contract with the plaintiff, and further argues that the instructions permitted a double recovery. We affirm.

I

This is a diversity case arising out of the purchase by Dr. Allan Hartzell of Sioux Falls, South Dakota, of a log home construction kit…