Legal Opinion

Ron Vanalstine v. Land O'Lakes Purina Feeds LLC

Michigan Court of Appeals

Decided December 27, 2018No. 340150; 342990PublishedCited by 5 opinions

1Opinion of the CourtSwartzle, J.

*645 An implied warranty, once disclaimed, cannot be revived by the inadequacy of an express warranty's remedy. This rule of law is fatal to plaintiffs' claims of breach of implied warranty under Michigan's version of the Uniform Commercial Code, and thus we affirm summary disposition against plaintiffs. On the matter of taxable costs, we vacate in part the trial court's order taxing costs and remand for correction.

I. BACKGROUND

Plaintiffs operate a dairy farm in Eaton County. Land O'Lakes Purina Feeds LLC (defendant) is a Minnesota corporation that manufactures and distributes animal feed and…

2Cases cited14 opinions

  1. Fmc Finance Corporation v. Albert D. Murphree, Jr. And Dorothy E. MurphreeCourt of Appeals for the Fifth Circuit · 1980
  2. Guerrero v. SmithMichigan Court of Appeals · 2008
  3. Ritchie Enterprises v. Honeywell Bull, Inc.District Court, D. Kansas · 1990
  4. Kelynack v. Yamaha Motor Corp.Michigan Court of Appeals · 1986
  5. Heritage Resources, Inc. v. Caterpillar Financial Services Corp.Michigan Court of Appeals · 2009

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3Cited by5 opinions

  1. Earl Booth v. Department of CorrectionsMichigan Court of Appeals · 2020
  2. Farm Bureau Mutual Insurance Company of Michigan v. Emerson Electric CO.District Court, E.D. Michigan · 2021
  3. Kincaid Henry Building Group Inc v. Heart of Howell LLCMichigan Court of Appeals · 2020
  4. Ron Vanalstine v. Diversified Farms LLCMichigan Court of Appeals · 2021
  5. in Re Raymond E Vandamme Irrevocable TrustMichigan Court of Appeals · 2021

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