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UTILITY EQUIPMENT v. MORBARK INDUSTRIES

TC A8411-06465; CA A41674; SC S35745.

779 P.2d 139 (1989)

308 Or. 209

UTILITY EQUIPMENT, Inc., an Oregon Corporation, Petitioner On Review, v. MORBARK INDUSTRIES, Inc., a Michigan Corporation, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided August 8, 1989.

Attorney(s) appearing for the Case

Christopher James, Portland, argued the cause for petitioner on review. With him on the petition were Christopher James, P.C., and Richard A. Weill, Portland.

Linda M. Seluzicki, Portland, argued the cause for respondent on review. With her on the response to the petition were Glen McClendon and Rick T. Haselton, Lindsay, Hart, Neil, Weigler, Portland.

VAN HOOMISSEN, Justice.

We granted review in this contract case to determine whether a manufacturer's warranty to "replace" a defective part of its product necessarily includes labor costs incurred in replacing the defective part. We conclude that where, as here, the warranty is silent as to who pays labor costs, the question is for the trier of fact to determine.

I.

Plaintiff, Utility Equipment, Inc. (Utility...

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