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OUWENGA v. NU-WAY AG, INC.

No. 3-92-0083.

604 N.E.2d 1085 (1992)

239 Ill. App.3d 518

178 Ill.Dec. 562

Warren OUWENGA, Sharon Ouwenga and Richard Ouwenga, d/b/a Ouwenga Vegetable & Grain Farms, Plaintiffs-Appellees, v. NU-WAY AG, INC., a corporation, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 3, 1992.

Attorney(s) appearing for the Case

R.J. Lannon, Jr. (argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, LaSalle, Karen C. Eiten, Herbolsheimer, Lannon, Henson, Duncan & Reagan, Ottawa, for Nu-Way Ag., Inc.

Robert W. Boyd (argued), J. Dennis Marek, Ackman, Marek, Boyd & Simutis, Kankakee, for Warren Ouwenga, Sharon Ouwenga, and Richard Ouwenga.

Justice SLATER delivered the opinion of the court:

Following a bench trial in the circuit court of Kankakee County, plaintiffs Warren, Sharon and Richard Ouwenga, d/b/a Ouwenga Vegetable & Grain Farms, were awarded judgment and damages against defendant Nu-Way Ag, Inc. for breach of an implied warranty arising from the sale of certain agricultural chemicals. On appeal, defendant contends that the trial court erred in: (1) finding that defendant breached an implied...

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