Myrtle Beach Pipeline Corp. v. Emerson Electric 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 contractual limitations are disfavored only for personal injuries, not for property losses
• holding that the economic loss rule precluded a sophisticated corporate buyer from asserting a tort claim against a sophisticated corporate seller because the parties’ obligations were defined in a contract under which the seller disclaimed warranties and limited remedies
• explaining that there is nothing unique or special concerning a vendor-vendee relationship
• collecting federal cases which conclude “the limited remedy of repair or replacement is generally held to have performed its essential purpose if the seller timely cures the defects”
• relying upon cases from the Fourth Circuit Court of Appeals interpreting South Carolina law
• collecting Federal cases which conclude \*** the limited remedy of repair or replacement is generally held to have performed its essential purpose if the seller timely cures the defects\

Source: CourtListener parenthetical corpus (CC0).