Whitmer v. Bell Telephone Co. of Pa.

KELLY, Judge:

In this case, we are called upon to determine whether the use, or attempted use, of a public pay telephone involves a “transaction in goods” so as to trigger application of implied warranties 1 imposed by Article II of the Uniform Commercial Code as it has been adopted in Pennsylvania. 13 Pa.C.S.A. § 1101 et seq. (hereinafter Code). We find that neither the use, nor the attempted use, of a public pay telephone involves a “transaction in goods,” and consequently, the implied warrant provisions of Article II of the Code do not apply.

Appellant, Shirley Whitmer, alleges that she was…