East County Recycling, Inc. v. Pneumatic Construction, Inc.

This is an action for breach of an express warranty involving the sale of a baling machine. ORS 72.3130. Plaintiff appeals a summary judgment for defendant International Baler Corporation (IBC). The primary issue on appeal is whether the trial court erred in striking portions of plaintiff s representative’s affidavit in opposition to summary judgment, in which the affiant asserted that an unidentified IBC representative made a warranty regarding the baler. Because plaintiff did not establish an adequate foundation to demonstrate that the stricken evidence was admissible to establish a fact…