Hunter v. Woodburn Fertilizer, Inc.

Plaintiffs brought this action against defendant, alleging breach of an express warranty that the miticide that defendant sold to plaintiffs could safely be used on their May 2000 rose crop. The trial court granted summary judgment for defendant on the ground that the action had not been commenced within four years of delivery of the miticide, as required by ORS 72.7250. 1 Plaintiffs assign error to that ruling, arguing that the warranty “explicitly extend [ed] to future performance” and that the limitation period therefore did not begin to run until plaintiffs discovered the breach. ORS…