Legal Opinion
John T. Tharalson, and Cross v. Pfizer Genetics, Inc., a Corporation, and Cross
Court of Appeals for the Eighth Circuit
Decided March 1, 1984No. 83-1623, 83-1647PublishedCited by 10 opinions
1Opinion of the Court
HANSON, Senior District Judge.
John Tharalson (plaintiff) brought an action against Pfizer Genetics (defendant) for breach of warranty on a sale of seed corn. In a court trial, defendant was found liable for breach of warranty. However, the court held that plaintiff’s recovery was limited to the sale price of the seed corn by a limitation of damages provision in the contract of sale. Defendant had cross-appealed for an amount in excess of the sale price, which was concededly owed defendant by plaintiff on open account. Therefore judgment was entered for defendant for the difference between the…
2Cases cited4 opinions
- Western Union Telegraph Co. v. NesterSupreme Court of the United States · 1940
- Southern Farm Bureau Casualty Insurance Company v. J. D. MitchellCourt of Appeals for the Eighth Circuit · 1963
- Ray Farmers Union Elevator Co. v. WeyrauchNorth Dakota Supreme Court · 1975
- George Mitchell v. City of MinneapolisCourt of Appeals for the Eighth Circuit · 1983
3Cited by10 opinions
- JOM, Inc. v. Adell Plastics, Inc.Court of Appeals for the First Circuit · 1998
- Hines v. United States (In Re Hines)United States Bankruptcy Court, D. South Dakota · 1986
- Global Octanes Texas, L.P. v. BP Exploration & Oil Inc.Court of Appeals for the Fifth Circuit · 1998
- Fargo Biltmore Motor Hotel Corp. v. Best Western International, Inc.Court of Appeals for the Eighth Circuit · 1984
- Fargo Biltmore Motor Hotel Corporation v. Best Western International, Inc.Court of Appeals for the Eighth Circuit · 1984
5 more not listed; retrieve them via the Exa API.