# McGraw-Edison Co. v. Northeastern Rural Electric Membership Corp.

> Indiana Supreme Court · April 22, 1997 · 678 N.E.2d 1120

URL: https://www.frixlaw.com/law-library/cases/9720301

## Case

- **Full name:** McGRAW-EDISON COMPANY, Appellant, v. NORTHEASTERN RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellee
- **Court:** Indiana Supreme Court
- **Decided:** April 22, 1997
- **Citations:** 678 N.E.2d 1120; 1997 Ind. LEXIS 41; 1997 WL 193780
- **Precedential status:** Published
- **Opinion:** Dissent by Shepard
- **Judges:** Boehm, Dickson, Selby, Shepard, Sullivan
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9720301

## How later opinions describe it (automated extraction)

- holding that disclaimer in purchase agreement purportedly limiting seller’s liability was no defense to action under IPLA

## Opinion text

SHEPARD, Chief Justice,
dissenting.
The common law and both the state and federal constitutions have always affirmed that individual citizens have the right to make contracts with each other and with business organizations. I think the suggestions in this case and in some other recent decisions that courts should not enforce the right of contract unless those making the contract are “truly large organizations” or “sophisticated” individuals wrongly depart from the way courts have viewed this part of American liberty — as a freedom that is available to all.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9720301. Public record. Not legal advice.