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Coursey v. Caterpillar, Inc.
United States Court of Appeals, Sixth Circuit
64 F.3d 662 (1995) (Unpublished)
Coursey (plaintiff) entered into a contract to purchase a tractor from Caterpillar, Inc. (Caterpillar) (defendant). The contract between the parties contained an express warranty providing for the repair and replacement of parts in the event of mechanical failure. The contract also contained a clause excluding Caterpillar from liability for consequential damages. Coursey brought suit against Caterpillar in federal district court, arguing that the clause excluding Caterpillar from liability for consequential damages was unconscionable. The trial court granted Caterpillar’s motion for summary judgment, and Coursey appealed.
Rule of Law
Holding and Reasoning (Per curium)
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