Burroughs v. Chesapeake Petroleum

Citation: Burroughs Corp. v. Chesapeake Petroleum & Supply Co., 282 Md. 406, 384 A.2d 734 (1978).

Factual Background
The purchaser signed a contract with fourteen printed paragraphs on the reverse side of the document, one of which disclaimed all express and implied warranties and another which waived all rights to damages under the contract.

Trial Court Decision
The trial court held that enforcement of the provisions on the reverse side of the agreement would be unconscionable. The trial court also found that due to the wording on the front of the agreement, the entire set of provisions on the back were not part of the contract. Id. at 409, 384 A.2d at 735-36.</ref.

Appellate Court Decision
On appeal, Burroughs challenged the trial court's finding of unconscionability. The court of appeals did not reach that issue, however, resting its affirmance on the lower court's finding that the provisions on the back of the document were not part of the contract.