Roupp v. Acor

CERCONE, Judge:

This appeal challenges the lower court’s finding that appellant breached the implied warranties of merchantability (U.C.C. § 2-314, 12A P.S. § 2-314) and fitness for a particular purpose (U.C.C. § 2-315,12A P.S. § 2-315) relative to the sale of a used truck. Finding no error we affirm.

On August 15, 1974, plaintiff-appellee purchased a 1967 Diamond Reo truck from appellant for the sum of $8,699.42. Prior to purchase appellee informed appellant he was seek ing a truck that had enough power to use in his timber hauling business. Appellee further advised appellant that he wanted a…