Bishop Logging Co. v. John Deere Industrial Equipment Co.
South Carolina Court of Appeals
455 S.E.2d 183 (1995)
- Written by Mary Pfotenhauer, JD
Facts
Bishop Logging Company (Bishop) (plaintiff) purchased equipment from John Deere Industrial Equipment Company (John Deere) (defendant) to be used in a swamp-logging operation. A written warranty from John Deere provided that John Deere would repair or replace defective parts, disclaimed any other express or implied warranties, and excluded all incidental or consequential damages. During the logging operation, the equipment experienced numerous problems. John Deere made a substantial amount of repairs to the equipment, but Bishop claimed that the equipment continued to fail to operate as represented. Bishop sued John Deere and two other parties, claiming, among other things, breach of the express warranty. At trial, Bishop’s expert witness testified that Bishop’s loss was either $540,921 or $723,323, depending on the price per cord of wood that Bishop logged. The jury returned a damages award of $1,000,000 in favor of Bishop. John Deere appealed.
Rule of Law
Issue
Holding and Reasoning (Cureton, J.)
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