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IRMSCHER SUPPLIERS, INC. v. SCHULER

No. 85A04-0809-CV-528.

909 N.E.2d 1040 (2009)

IRMSCHER SUPPLIERS, INC., and Pella Corporation a/k/a Pella by Irmschers a/k/a Pella of Indiana a/k/a Pella Windows and Doors a/k/a The Pella Window Store, Appellants-Respondents, v. Scott SCHULER and Kelly Schuler, Appellees-Petitioners.

Court of Appeals of Indiana.

July 22, 2009.

Attorney(s) appearing for the Case

David L. Jones, Riley Bennett & Egloff, LLP, Indianapolis, IN, Attorney for Appellant, Pella Corporation.

Benjamin Ice, Carson Boxberger, LLP, Fort Wayne, IN, Attorney for Appellant, Irmscher Suppliers.

Stephen H. Downs, Tiede Metz & Downs, P.C., Wabash, IN, Attorney for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

Scott and Kelly Schuler purchased thirty-two windows manufactured by Pella Corporation from Irmscher Suppliers, Inc. After the windows were installed in the home, the Schulers discovered that insects were entering their home through gaps around the screens. The Schulers sued Pella and Irmscher for a breach of the implied warranty of merchantability. After a...

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