applying strict liability when only damages to the defective product “would clearly emasculate the applicable provisions of the Uniform Commercial Code as to warranty and warranty liability which were designed to apply where the product is defective but where no damage results from the defect, either to persons or other property”
How later courts described this case
- applying strict liability when only damages to the defective product “would clearly emasculate the applicable provisions of the Uniform Commercial Code as to warranty and warranty liability which were designed to apply where the product is defective but where no damage results from the defect, either to persons or other property”
- representations of load capacity in manufacturer’s pamphlet constituted express warranty binding both manufacturer and lessor of scaffolding
- interpreting § 2-313 of the U.C.C.
- sale of scaffolding; express warranty created even if buyer did not rely on statements in seller’s brochure
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by National Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782 (1983)
190 Neb. 546, 209 N.W.2d 643, 654-655 (1973)(same), disapproved on other grounds, Nat’l Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782, 332 N.W.2d 39 (1983).
The opinion
Smith, J.,
concurring in the result.
Submission to the jury of both theories of liability on the evidence was not reversible error. In that respect it would be a healthy instinct for us to rest our reasons there. Important information relating to policy is inadequate. W. Page Keeton, “Products Liabihtv - Inadequacy of Information,” 48 Tex. L. Rev. 398 at 402' (1970). The theory of liability conceivably is largely a matter of judicial policy.