James L. & Carolyn S. Perry v. Gulf Stream Coach (8/31/04 IndCtApp) [Contract]
Bailey, Judge
[Issues.] Whether the trial court erroneously granted summary judgment to Gulf Stream because genuine issues of material fact exist regarding whether the limited warranty offered by Gulf Stream fails of its essential purpose; and Whether the trial court erroneously granted summary judgment to Mark’s RV because genuine issues of material fact exist concerning whether Mark’s RV breached express and implied warranties and violated Indiana’s Deceptive Consumer Sales Act. * * *David A. Yoquelet, et al., v. Marshall County (7/8/04 IndCtApp)This evidence creates a genuine issue of material fact regarding whether Mark’s RV engaged in an uncured deceptive act by adopting the representations made in the Brochure. Moreover, this evidence creates a genuine issue of material fact regarding whether Mark’s RV knew or should have known that the representations made in the Brochure were false.
For the foregoing reasons, we affirm the trial court’s grant of summary judgment to Mark’s RV on the Perrys’ breach of express and implied warranty claims. However, we reverse the trial court’s grant of summary judgment to Gulf Stream on the issue of whether the Limited Warranty fails of its essential purpose and the trial court’s grant of summary judgment to Mark’s RV on the question of whether Mark’s RV violated the Act. Affirmed in part and reversed in part.
BAKER, J., and FRIEDLANDER, J., concur.
Apparently this is a corrected version of the opinion issued 7/8/04.
Piston Service Co. v. Dept. of Local Government Finance (8/30/04 IndTaxCt - NFP) [Real Property Assessment]
Posted by Marcia Oddi at August 31, 2004 02:45 PM