John B. Condomos

¶ 1 This is an appeal from a judgment following a non-jury verdict in favor of Appellee, John B. Conomos, Inc. ("Conomos"), and against Appellant, Sun Company, Inc. (R&M) ("Sun"). We hold that, absent fraud or unconscionability, a bad faith breach is an insufficient basis for invalidating a limited liability provision where the parties had agreed by contract that one party (the breacher) could cancel the contract at any time at its option whether or not the other party was in default of its obligations, where the breacher cancelled the contract, and where the limitation of liability damages applied to cancellation. However, the trial court's refusal to enforce the limitation of damages provision in the contract was harmless error under the facts of this case. We affirm.