KEBLISH v. THOMAS EQUIPMENT, LTD.


541 Pa. 20 (1995)

660 A.2d 38

Patricia KEBLISH, Individually and as Administratrix of the Estate of Nicholas Keblish, Deceased v. THOMAS EQUIPMENT, LTD., J.D. Equipment and Smitty's Rentals, Inc. v. Elwood HOGARTH Appeal of Smitty's Rentals, Inc.

Supreme Court of Pennsylvania.

Decided June 22, 1995.


Attorney(s) appearing for the Case

Gary B. Cutler, for Smitty's Rentals, Inc.

Eugene J. Maginnis, Jr., for Thomas Equipment, Ltd.

Cary B. Fleisher, for E. Hogarth.

Leonard A. Busby, Sally Ackerman King, for P. Keblish.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMRUO, JJ.


OPINION

NIX, Chief Justice.

This is an appeal from an Order of the Superior Court reversing an Order of the court of common pleas which granted a motion for judgment on the pleadings in favor of Appellant, Smitty's Rentals, Inc. ("Smitty's"). The trial court held that the breach of warranty provisions of Article 2-Sales ("Article 2") of the Uniform Commercial Code ("UCC") do not apply to a one-day lease of a piece of heavy equipment. Keblish v...

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