Duyck v. Northwest Chemical Corp.

Plaintiffs sought damages, on a breach of warranty theory, for reduced blueberry crop yield in 1983, which allegedly resulted from application of the insecticide lannate L (lannate). Defendants, Northwest Chemical Corporation (Northwest), seller, and Dupont, manufacturer of lannate, moved for summary judgment. Northwest argued that it made no warranty of merchantability or fitness for a particular purpose and that the goods were sold “as is,” subject only to the manufacturer’s warranty on the label. Dupont argued that it was not liable, because the limitation of damages clause on the label…