Basin Oil Co. v. Baash-Ross Tool Co.

Defendant appeals from two judgments for damages (rendered in separate actions consolidated for trial), resulting from sales of defective suspension plugs to plaintiff. Plaintiff’s complaints comprised counts based on breach of express and implied warranties and negligence in the design and manufacture of such plugs. Defendant pleaded as affirmative defenses contributory negligence, plaintiff’s failure to mitigate damages, and a limitation of liability clause in its invoices which precluded the recovery of damages.

Plaintiff Basin Oil Company of California (hereinafter referred to as Basin) is…