Gwinn v. Empire State Chair Co.

PRATT, J.,

The plaintiff, Barry E. Gwinn, has filed this motion for judgment on the pleadings, pursuant to Pa.R.C.P. 1034, in regard to his breach of implied warranty of merchantability and breach of implied warranty of fitness for a particular purpose action against defendant, Budget Bar and Restaurant Equipment Company. The court has thoroughly reviewed the pleadings, including the original complaint and Budget Bar’s answer and new matter, together with plaintiff’s brief, and the instant motion, as well as all exhibits attached to the pleadings.

The plaintiff initiated this action by filing a…