EAST COUNTY RECYCLING v. PNEUMATIC CONST.

050302879; A132002.

167 P.3d 464 (2007)

214 Or. App. 573

EAST COUNTY RECYCLING, INC., an Oregon corporation, Plaintiff-Appellant, v. PNEUMATIC CONSTRUCTION, INC., an assumed business name of PCI Mechanical Construction; Pneumatic Construction, Inc., an assumed business name of PCI Waste and Recycling Systems and Recycling Equipment Manufacturing, Inc., a foreign corporation, Defendants, and International Baler Corporation, a foreign corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 29, 2007.


Attorney(s) appearing for the Case

Brooks F. Cooper argued the cause and filed the briefs for appellant.

Beth Cupani argued the cause for respondent. With her on the brief were R. Daniel Lindahl and Bullivant Houser Bailey PC.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.


BREWER, C.J.

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...

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