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FRED J. MOORE, INC. v. SCHINMANN

No. 6441-7-III.

40 Wn. App. 705 (1985)

700 P.2d 754

FRED J. MOORE, INC., Respondent, v. ELBERT B. SCHINMANN, ET AL, Appellants.

The Court of Appeals of Washington, Division Three.

May 21, 1985.

Attorney(s) appearing for the Case

Patrick Hussey and Velikanje, Moore & Shore, Inc., P.S., for appellants.

David K. Crossland, Don W. Schussler, J. Tappan Menard, and Gavin, Robinson, Kendrick, Redman & Mays, Inc., P.S., for respondent.

MUNSON, J.

Mr. and Mrs. Elbert B. Schinmann appeal a judgment of $42,739 and decree foreclosing Fred J. Moore, Inc.'s (Moores), seed lien and real estate mortgage. The Schinmanns contend: (1) the Moores were "merchants" for purposes of the Uniform Commercial Code's (RCW Title 62A) implied warranty of merchantability; (2) this court should rule as a matter of law the Scotch mint roots were not merchantable; (3) there was insufficient evidence of trade usages to explain...

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