Keblish v. Thomas Equipment, Ltd.

POPOVICH, Judge:

This is an appeal from the Court of Common Pleas of Monroe County which granted the motion for judgment on the pleadings filed by appellee Smitty’s Rental, Inc. The lower court reasoned that the Uniform Commercial Code, Article 2-Sales, breach of warranty provisions, see 13 Pa.C.S.A. §§ 2312-2318, did not apply to the one-day equipment lease at issue. We disagree with the lower court’s reasoning and reverse the entry of judgment on the pleadings in favor of appellee Smitty’s Rentals, Inc.

On June 28,1987, defendant Elwood Hogarth entered into a contract with appellee Smitty’s…