Osburn v. Bendix Home Systems, Inc.

OPALA, Justice:

Issues presented by this appeal are: [1] Was the evidence with respect to the existence of defects sufficient to sustain a legal claim for breach of warranty? [2] Did the limitation-of-remedy clause in manufacturer’s warranty “fail of its essential purpose” so as to make expanded UCC remedies available to the buyer under 12A O.S.1971 § 2-719(2)? [3] Did the trial court err in not directing the jury to apportion damages between manufacturer and dealer? and [4] Can additional counsel fees be awarded on appeal to the prevailing party in a breach-of-express-warranty case?

We hold…