Dalton v. Stanley Solar & Stove, Inc.

The plaintiff, Robert Dalton, filed suit to recover the cost of a wood stove distributed by the defendant, Stanley Solar & Stove, Inc., and purchased from a dealer licensed by the defendant. The Nashua District Court (Howorth, C.J.) found the defendant liable for breach of warranty and awarded judgment for the plaintiff. On appeal, the defendant contends that the district court grounded its decision on breach of an implied warranty of fitness, RSA 382-A:2-315 (1961), and that this theory was inapplicable because the defendant did not participate in the stove’s sale. We reverse.

In October…