City of Carlisle v. Fetzer

REYNOLDSON, Chief Justice.

Trial court denied a motion for summary judgment filed by defendant Scott Fetzer in response to plaintiff City of Carlisle’s petition, which alleged breach of implied warranties in the sale of a street sweeper the defendant manufactured. We granted defendant’s application to appeal, and now reverse and remand.

Plaintiff’s petition, filed June 1, 1984, alleged it purchased the new “Stahl tow sweeper” in 1978. Plaintiff further alleged that during the 1978 summer plaintiff attempted to use the machine and “not only did the tow sweeper fail to clean the streets ... but…