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HUNTER v. WOODBURN FERTILIZER, INC.

04C-14833; A127863.

144 P.3d 970 (2006)

208 Or. App. 242

Edmund HUNTER and Regina Hunter, dba Whisky Hill Nursery, Appellants, v. WOODBURN FERTILIZER, INC., Respondent.

Court of Appeals of Oregon.

Decided September 27, 2006.

Attorney(s) appearing for the Case

Paul R.J. Connolly, Salem, argued the cause for appellants. With him on the briefs was Connolly & Goldian, LLP.

Bruce R. Gilbert, Portland, argued the cause for respondent With him on the brief was Smith Freed & Eberhard, PC.

Before LINDER, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

LINDER, P.J.

Plaintiffs brought this action against defendant, alleging breach of an express warranty that the miticide that defendant sold to plaintiffs could safely be used on their May 2000 rose crop. The trial court granted summary judgment for defendant on the ground that the action had not been commenced within four years of delivery of the miticide, as required by ORS 72.7250.1 Plaintiffs assign error to that ruling, arguing that...

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