BAKER v. DEC INTERN.

Docket No. 178000.

553 N.W.2d 667 (1996)

218 Mich. App. 248

Gerald M. BAKER and Eleanor S. Baker, Plaintiffs-Appellants, v. DEC INTERNATIONAL and Tri County Dairy Equipment, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 13, 1996, at 9:05 a.m.

Released for Publication September 27, 1996.


Attorney(s) appearing for the Case

Reber, Greer, Schuiteman, Stariha & Greer, P.C. by Paul L. Greer, Fremont, for Gerald M. and Eleanor S. Baker.

Bremer, Wade, Nelson, Lohr & Corey by William M. Bremer and Phillip J. Nelson, Grand Rapids, for DEC International.

Fraser Trebilcock Davis & Foster, P.C. by Peter L. Dunlap and Brian D. Herrington, Lansing, for Tri County Dairy Equipment, Inc.

Before MURPHY, P.J., and O'CONNELL and M.J. MATUZAK, JJ.


O'CONNELL, Judge.

Plaintiffs appeal as of right from an August 3, 1994, order of the Ingham Circuit Court granting defendants summary disposition on the basis that plaintiffs' claim for breach of implied warranty of merchantability was untimely under the four-year period of limitation provided in the Uniform Commercial Code, M.C.L. § 440.2725; M.S.A. § 19.2725. We reverse and remand the case to the trial court.

On May 11, 1989, plaintiffs, commercial...

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