Legal Opinion
Hill v. BASF Wyandotte Corp.
Supreme Court of South Carolina
Decided January 20, 1984No. 22035PublishedCited by 4 opinions
1Opinion of the Court
Littlejohn, Justice:
This case comes before us as a certified question from the United States District Court, District of South Carolina, pursuant to Supreme Court Rule 46.
The question presented is as follows:
Given the distinction between (1) actual or direct and (2) consequential damages as set forth in §§ 36-2-714 and 36-2-715 of the South Carolina Code of Laws, 1976, as amended, what is the measure of actual damages in a herbicide failure case where there is a valid limitation of consequential, special or indirect damages?
This is a breach of warranty case involving an alleged herbicide…
2Cases cited5 opinions
- Klein v. Asgrow Seed Co.California Court of Appeal · 1966
- Amerson v. F. C. X. Cooperative Service, Inc.Supreme Court of South Carolina · 1955
- McCown-clark Co. v. MuldrowSupreme Court of South Carolina · 1921
- Simmons v. Ciba-Geigy CorporationSupreme Court of South Carolina · 1983
- W. R. Grace & Co. v. LaMunionSupreme Court of South Carolina · 1964
3Cited by4 opinions
- Gold Kist, Inc. v. Citizens & Southern National Bank Ex Rel. Estate of LanhamCourt of Appeals of South Carolina · 1985
- Haley Nursery Co., Inc. v. ForrestSupreme Court of South Carolina · 1989
- Harold Heath Hill Harold C. Hill Fred C. Hill v. Basf Wyandotte CorporationCourt of Appeals for the Fourth Circuit · 1986
- Triple E, Inc. v. Hendrix and Dail, Inc.Court of Appeals of South Carolina · 2001