Kenneth Lindemann, Jeff Lindemann, and Ronnie Terrall, D/B/A Lindemann Farms v. Eli Lilly and Company

EDITH H. JONES, Circuit Judge:

In this case we are confronted with a challenge to the validity of a limitation of damages clause contained in a sales agreement for the purchase of herbicide. Appellant questions the sufficiency of the evidence supporting the jury verdict and the district court’s conclusion that the contractual limitation of damages was unconscionable. We affirm in part, reverse in part, and render.

The Lindemann Farms cotton crop fared badly in 1984. This was apparently due to lack of weed control which produced a yield far below expectations. That year, and every year previous…