Oregon Azaleas, Inc. v. Western Farm Service, Inc.

*102 MEMORANDUM *

When plants grown by Oregon Azaleas, Inc. were damaged after it applied a product sold to it by Western Farm Service, Inc., this action was commenced. Western Farm appeals the grant of judgment against it, and Oregon Azaleas appeals the failure to grant it a larger judgment. We affirm in part, reverse in part, and remand.

In reaching our decision in this diversity action, we apply the law of the state of Oregon as we know or apprehend it to be. See Paulson v. City of San Diego, 294 F.3d 1124, 1128 (9th Cir.2002) (en banc).

The district court did not err when it granted summary judgment in favor of Oregon Azaleas on its claim that Western Farm breached an express warranty to deliver a particular product when it delivered a different product. 1 See Or. Rev.Stat. § 72.3130(l)(b); Jorritsma v. Farmers’ Feed & Supply Co., Inc., 272 Or. 499, 507 , 538 P.2d 61, 65 (1975); Gary Coast Agency, 101 Or. at 629, 201 P. at 216; see also Square Deal Mach. Co. v. Garrett Corp., 128 Cal.App.2d 286, 293 , 275 P.2d 46, 51 (1954). Similarly, the district court did not err when it granted Oregon Azaleas summary judgment on Western Farm’s defenses of disclaimer and limitation of…