Cowin Equipment Co. v. General Motors Corp.
United States Court of Appeals for the Eleventh Circuit
734 F.2d 1581 (1984)
Cowin Equipment Company, Inc. (Cowin) (plaintiff) sold Terex-brand heavy equipment manufactured by General Motors Corporation (GMC) (defendant). In 1978. anticipating an increase in demand for Terex equipment, GMC required Cowin and other Terex dealers to place non-cancellable advance orders for Terex equipment. Previously, GMC had allowed liberal cancellation. Cowin ordered 44 Terex machines following the imposition of this requirement, but then attempted to cancel due to an economic downturn. GMC refused to allow cancellation and delivered all of the machines as ordered, leaving Cowin with excess inventory. Cowin sued in December 1980 and sought damages on the ground that the contract terms were unconscionable. The damages sought were for interest on the loans to buy the equipment, insurance on the equipment, storage and maintenance fees, and loss incurred by the sale of equipment below purchase price. GMC moved for summary judgment. The district court, viewing the case as a Uniform Commercial Code (UCC) unconscionability action for damages, denied summary judgment. GMC appealed.
Rule of Law
Holding and Reasoning (Roney, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.