Legal Opinion · Concurrence

Kassab v. Soya

Supreme Court of Pennsylvania

Decided October 11, 1968No. Appeal, No. 213Published

1Concurrence

Concurring Opinion by

Mr. Justice Cohen:

While I concur in the result reached by the majority, I must nevertheless disassociate myself with the views expressed in the majority opinion with respect to the abolition of the privity of contract doctrine in actions instituted for breach of warranty.

I find myself in this position because of the majority’s complete lack of judicial restraint in discuss*238ing and overturning the long adhered to and well established privity of contract requirements when the question of privity is not a proper subject for review under the procedural posture of this case.

Foll…

2Cases cited10 opinions

  1. Miller v. PreitzSupreme Court of Pennsylvania · 1966
  2. Hochgertel v. Canada Dry Corp.Supreme Court of Pennsylvania · 1963
  3. Wallace v. JamesonSupreme Court of Pennsylvania · 1897
  4. Jordan v. Sun Life Assurance Co. of CanadaSupreme Court of Pennsylvania · 1951
  5. Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905

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