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VANALSTINE v. LAND O'LAKES PURINA FEEDS

No. 340150, No. 342990.

929 N.W.2d 789 (2018)

326 Mich.App. 641

Ron VANALSTINE, and Joan Vanalstine, Plaintiffs-Appellants, v. LAND O'LAKES PURINA FEEDS, LLC, Defendant-Appellee, and Diversified Farms, LLC, Defendant. Ron Vanalstine, and Joan Vanalstine, Doing Business as Roljos Dairy, Plaintiffs-Appellants, v. Land O'Lakes Purina Feeds, LLC, Defendant-Appellee, and Diversified Farms, LLC, Defendant.

Court of Appeals of Michigan.

Decided December 27, 2018, 9:05 a.m.

Attorney(s) appearing for the Case

Bosch Killman VanderWal, PC (by Kurt R. Killman, Grand Rapids) for plaintiffs.

Honigman Miller Schwartz & Cohn LLP, Kalamazoo (by Christopher E. Tracy) and Jonathan C. Miesen for Land O'Lakes Purina Feeds LLC.

Before: Riordan, P.J., and Ronayne Krause and Swartzle, JJ.

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...

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