Earl Brace & Sons v. Ciba-Geigy Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• farmer who was presented disclaimer but did not read it was bound because he had read similar disclaimers
• fact that plaintiff had used the product and read instructions previously demonstrates that he knew or should have known of the disclaimer through course of performance
• \There can be no breach where the warranty has been disclaimed ... and no consequential damages where there is no breach.\
• warranty disclaimer was conspicuous where it was in bold type and found on fifth page of thirty-two page booklet attached to product; disclaimer was located after booklet’s table of contents, but before directions for use of product

Source: CourtListener parenthetical corpus (CC0).