Borden, Inc. v. Advent Ink Co.

SAYLOR, Judge.

Plaintiff/appellee, Borden, Inc. (“Borden”), sued defendant/appellant, Advent Ink Company (“Advent”), in the Court of Common Pleas of Lancaster County to recover moneys owed for goods delivered but not paid for. Advent counterclaimed for damages allegedly sustained as a result of a previous shipment of defective goods. The trial court granted Borden’s motion for summary judgment on the counterclaim and declared its order to be final pursuant to Pa.R.A.P. 341(c). Concluding that Borden’s limitation of damages clause was enforceable, although its disclaimer of warranties was not,…