Cowin Equipment Co. v. General Motors Corp.

GMC (defendant) required its Terex-equipment dealer Cowin (plaintiff) to place non-cancellable advance orders; when an economic downturn hit, Cowin tried to cancel its 44-machine order, GMC refused and delivered all the equipment, and Cowin sued for damages (loan interest, insurance, storage, and resale losses) arguing the non-cancellation term was unconscionable under the UCC. The district court denied GMC's summary judgment motion, treating the claim as a viable UCC unconscionability damages action, and GMC appealed.