Marr Enterprises, Inc., and Ben Paz v. Lewis Refrigeration Co.

How courts have described this case

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

• holding that a limited remedy of repair or refund did not fail of its essential purpose
• “The contract expressly disclaims liability for negligence. We 22 therefore hold that these limitations are enforceable against both the tort and contract 23 claims of [Plaintiff].”
• “In a time charter, the owner’s personnel manage the vessel and he usually supplies the crew. Possession and control of the ship remain in the original owner. The charterer has only the temporary right to have his goods loaded and conveyed.”
• “if the seller did not replace the defective parts, the purchaser was entitled to refund of the purchase price [so] mere failure to replace or repair would not cause the court to read in the general remedy provisions of the UCC [due to failure of essential purpose]”

Source: CourtListener parenthetical corpus (CC0).