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PRESLEY v. P & S GRAIN CO., INC.

No. 5-96-0400.

683 N.E.2d 901 (1997)

289 Ill. App.3d 453

225 Ill.Dec. 398

Marion PRESLEY, Plaintiff and Counterdefendant, v. P & S GRAIN CO., INC., Defendant and Counterplaintiff (P & S Grain Co., Inc., Third-Party Plaintiff-Appellee, v. Missouri Farmers Association, Inc., a Missouri Corporation, Third-Party Defendant-Appellant. Missouri Farmers Association, Inc., a Missouri Corporation, Third-Party Plaintiff-Appellee, v. Ken-Mo Agriculture Center, Inc., a Missouri Corporation, Third-Party Defendant-Appellant).

Appellate Court of Illinois, Fifth District.

June 25, 1997.

Attorney(s) appearing for the Case

Reona J. Jack, Brandon & Schmidt, Carbondale, for Missouri Farmers Association, Inc.

Stephen R. Green, Armstrong & Green, Marion, for Ken-Mo Agriculture Center, Inc.

Ronald E. Osman, John Timothy Keller, Ronald E. Osman & Associates, Ltd., Marion, for P & S Grain Co., Inc.

Justice HOPKINS delivered the opinion of the court:

Third-party defendant, Ken-Mo Agriculture Center, Inc. (Ken-Mo), appeals the judgment of the Williamson County circuit court ordering it to pay damages to third-party plaintiff, Missouri Farmers Association, Inc. (MFA), for indemnification of breach of warranty under the Uniform Commercial Code (810 ILCS 5/2-607(5) (West 1994)). MFA, as third-party defendant, appeals the same judgment ordering it to pay damages to...

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