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Siemen v. Alden

Appellate Court of Illinois

341 N.E.2d 713 (1975)

Relevant factsFree

Roland Siemen (plaintiff), a sawmill operator seeking a multi-rip saw, was referred by manufacturer Lloyd Alden (defendant) to Edwin Korleski (defendant), a private individual who owned two such saws and sold Siemen one after specifically disclosing it wasn't in working condition; Siemen was later injured operating the saw and sued Korleski for strict liability and breach of implied warranties. The trial court granted Korleski summary judgment on both claims, and Siemen appealed.

IssueFree

Whether, under the Uniform Commercial Code, a warranty of merchantability is implied in a contract for the sale of goods if the seller is a merchant of that type of goods.

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