Lavelle Williamson (defendant) entered into an agreement with Helena Chemical Company (Helena) (plaintiff), under which Williamson purchased corn seed, fertilizer, and chemicals. The agreement contained a provision waiving any and all claims against Helena for consequential damages. Williamson had never farmed before attempting this corn crop and had only a tenth-grade education. Williamson’s corn crop did not grow, and he ceased making payments on the contract. Helena brought suit, seeking to recover the payments due under the contract. Williamson counterclaimed for negligence, arguing that the corn seed was wet when he received it and seeking consequential damages. Helena filed a motion for summary judgment on Williamson’s counterclaim, relying on the provision excluding consequential damages in the contract.