(DOWNLOAD) "Bowlin''s Inc. V. Ramsey Oil Co." by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Bowlin''s Inc. V. Ramsey Oil Co.
- Author : New Mexico Court of Appeals
- Release Date : January 17, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The contract between Texaco and Bowlin's contained a notice clause requiring Bowlin's to notify Texaco of any claimed shortage in quantity within 2 days after a delivery had been made. If Bowlin's failed to comply with the claims provision, the failure would operate as a waiver of any and all claims. Adopting some findings requested by Bowlin's, the trial court found the clause "unconscionable," to have "no reasonable commercial purpose," and "limited in its application so as not to defeat" Bowlin's claim. It made a finding that Bowlin's had not waived any claim for delivery shortages. Other of the trial court's 67 findings were that during the periods of the respective contracts, Texaco, Ramsey and Ramsey Oil had breached their contracts, and that Bowlin's had fully complied with the terms of both contracts but "was negligent in not checking the deliveries for accuracy."
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