WIND v. WESTINGHOUSE CREDIT CORP.


260 Pa.Super. 385 (1978)

394 A.2d 980

Lawrence S. WIND v. WESTINGHOUSE CREDIT CORPORATION, Appellant, and King Koach Marine Sales.

Superior Court of Pennsylvania.

Decided October 27, 1978.


Attorney(s) appearing for the Case

Arthur L. Jenkins, Jr., Norristown, for appellant.

Jack Brian, Upper Darby, for appellee, Lawrence S. Wind.

R. Bernstein, with him Anthony F. Raffaele, Media, for appellee, King Koach Marine Sales.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

This is an action in replevin for possession of a motor boat. The questions presented involve whether a security interest in the boat should be accorded priority, and whether a breach of warranty occurred.

In March 1973 Charles Allen, a resident of Berks County, Pennsylvania, bought a twenty-four foot motor boat from King Koach Marine Sales of Delaware County, Pennsylvania. Appellant, Westinghouse Credit Corp., financed the

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