noting our Supreme Court has implied warranty protections in non-sales transactions, such as leases and bailments, and reversing lower court decision to dismiss warranty counts on demurrer in action involving blood transfusion
How later courts described this case
- noting our Supreme Court has implied warranty protections in non-sales transactions, such as leases and bailments, and reversing lower court decision to dismiss warranty counts on demurrer in action involving blood transfusion
- faulting lower court for failing to consider whether the warranty policies would be furthered by their implication
- the enactment of the U.C.C. “did not intend to impede the parallel development of warranties implied in law in non-sales situations”
- implied warranty of fitness accompanies blood transfusion even though no sale involved
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Mb. Chief Justice Bell:
I disagree with a number of factual statements as well as legal principles and conclusions of law set forth in the Majority Opinion. Moreover, I particularly dissent because of my continued very strong opposition to Flagiello v. Pennsylvania Hospital, 417 Pa. 486 , 208 A. 2d 193 , and Nolan v. Tifereth Israel Synagogue, 425 Pa. 106 , 227 A. 2d 675 , for the reasons emphatically set forth therein.