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KEBLISH v. THOMAS EQUIPMENT, LTD.

427 Pa.Super. 93 (1993)

628 A.2d 840

Patricia KEBLISH, Individually and as Administratrix of the Estate of Nicholas Keblish, Appellant, v. THOMAS EQUIPMENT, LTD.; J.D. Equipment; and Smitty's Rental, Inc. v. Elwood HOGARTH, Appellees.

Superior Court of Pennsylvania.

Filed June 4, 1993.

Reargument Denied August 16, 1993.

Attorney(s) appearing for the Case

Leonard A. Busby, Philadelphia, for appellant.

Eugene J. Maginnis, Philadelphia, for Thomas Equipment, appellee.

Gary B. Cutler, Philadelphia, for J.D. Equip. and Smitty's Rental, appellees.

Before BECK, POPOVICH and BROSKY, JJ.

POPOVICH, Judge:

This is an appeal from the Court of Common Pleas of Monroe County which granted the motion for judgment on the pleadings filed by appellee Smitty's Rental, Inc. The lower court reasoned that the Uniform Commercial Code, Article 2-Sales, breach of warranty provisions, see 13 Pa.C.S.A. §§ 2312-2318, did not apply to the one-day equipment lease at issue. We disagree with the lower court's reasoning and reverse the entry of judgment on the pleadings...

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