Weaver v. Ralston Motor Hotel, Inc.

Marshall, Judge.

The question presented by this appeal is whether or not the plaintiff, Weaver, was a "buyer” within the meaning of the warranty provisions of Article 2 of the Uniform Commercial Code when he "charged” gasoline to his employer’s account and the gasoline allegedly caused him injury.

Weaver was an employee of Reid Furniture Company and, in the course of his employment, regularly drove a truck owned by his employer. On the day in question, Weaver obtained gasoline for the truck from the defendant, Ralston Service Station, and signed a ticket charging the gasoline to his employer.…