Lewis Refrigeration Co. v. Sawyer Fruit, Vegetable, And Cold Storage Co.

709 F.2d 427 (6th Cir. 1983)

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Nature of the Case

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Facts

Lewis (P) sold Sawyer (D) a quick freeze freezer under a warranty that stated the freezer was capable of processing six thousand pounds of various fruits per hour and that the unit would use no more than 1.8 pounds of Freon per one hundred pounds frozen. The typed portion of the contract contained warranties that the freezer was capable of processing six thousand pounds of various fruits per hour and that the freezer would use no more than 1.8 liquid pounds of Freon per one hundred pounds of frozen products. The contract also contained a remedy limitation. It was in the handwritten portion of the contract and excluded consequential damages. A consent judgment was entered in favor of P for the balance due on the contract. A verdict was returned for D on its counterclaim for $25,823 in lost profits and $27,080 in excess Freon costs. P appealed in that the agreement excluded consequential damages.