Johnson v. Hockessin Tractor, Inc.

HERRMANN, Chief Justice:

In this appeal we are required to decide: (1) whether the doctrine of strict liability in tort is available to the plaintiffs in this action for injuries caused by allegedly defective goods sold to the plaintiffs; (2) whether the plaintiffs’ suit in breach of warranty under the Uniform Commercial Code, 6 Del.C. § 1-101 et seq., is barred by the Code’s statute of limitations, 6 Del.C. § 2-725; 1 and (3) whether the injured plaintiff was guilty, as a matter of law, of contributory negligence. 2

I

The facts in this case are undisputed: In 1971, the plaintiff H. Paul Johnson…