Dravo Equipment Co. v. German

Plaintiff appeals from an adverse judgment in this action to foreclose a nonpossessory lien. The sole issue is whether defendants German and Hunter were entitled to raise an express warranty as a defense when they were not parties to it. We hold that privity is not required to recover economic loss on an express warranty. Accordingly, we affirm.

Plaintiff is an equipment company which operates out of Medford. It sold a used tractor with a rebuilt engine to defendants Brooks, Boyer 1 and Bismark (BB&B) in April, 1979. BB&B obtained an express warranty on the tractor’s engine, which provided:…