Norcold, Inc. v. Gateway Supply Co.

Walters, Judge.

{¶ 1} Plaintiff-appellant, Norcold, Inc. (“Norcold”), appeals separate Shelby County Common Pleas Court decisions granting summary judgment in favor of defendants-appellants, Gateway Supply Company, Inc. (“Gateway”) and Dayco Products, Inc. (“Dayco”). Because claims for breach of an express written warranty do not require reliance on the part of the buyer, we must reverse the trial court’s dismissal of Norcold’s express-warranty claims against Gateway. With regard to Norcold’s claims for breach of the implied warranties of merchantability and fitness for a particular purpose,…