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SHELLY MOTORS, INC. v. BORTNICK

No. 7407.

631 P.2d 594 (1981)

SHELLY MOTORS, INC., Plaintiff-Appellee, v. Bertrand BORTNICK, dba Sarge's Auto Sales, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

July 27, 1981.

Attorney(s) appearing for the Case

John F. Schweigert, Honolulu, for defendant-appellant.

Wesley H. Sakai, Jr., Honolulu, (Edward R. Bendet, Honolulu, with him on the briefs), (Bendet & Fidell, Honolulu, of counsel), for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PER CURIAM.

Defendant-Appellant Bertrand Bortnick, dba Sarge's Auto Sales, appeals the summary judgment entered in favor of Plaintiff-Appellee Shelly Motors, Inc. The question is whether, as a matter of law, Mr. Bortnick failed to exclude or modify a warranty of title in one of four ways permitted by Section 2-312(2) of the Uniform Commercial Code (UCC) (HRS § 490:2-312(2), 1976). We hold that Mr. Bortnick has raised a genuine issue of material fact and, therefore...

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