Able Steel Erection Co. v. Frank's Collision Service, Inc.

Philadelphia County Court of Common Pleas

Able Steel Erection Co. v. Frank's Collision Service, Inc.

72 Pa. D. & C.2d 176, 1975 Pa. Dist. & Cnty. Dec. LEXIS 228

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedFebruary 6, 1975

Docketno. 162

StatusPublished

This text of 72 Pa. D. & C.2d 176 (Able Steel Erection Co. v. Frank's Collision Service, Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Able Steel Erection Co. v. Frank's Collision Service, Inc., 72 Pa. D. & C.2d 176, 1975 Pa. Dist. & Cnty. Dec. LEXIS 228 (Pa. Super. Ct. 1975).

Pincite

Opinion

ROSENBERG, S., J.,

Plaintiff brought suit for recovery of moneys due under a contract with defendant for the installation of a motorized steel door at defendant’s place of business.

By way of preliminary objections, defendant raises the bar of the statute of limitations under 12A PS §2-725, which provides in part: “1. An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.”

The above statute, however, refers to the sale of goods under the Uniform Commercial Code. It is this court’s opinion that the instant contract was not for the sale of goods but for the installation of the door together with the labor and materials necessary to accomplish the installation. Under this interpretation the applicable statutory period is six years.

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ROSENBERG, S., J.,

Plaintiff brought suit for recovery of moneys due under a contract with defendant for the installation of a motorized steel door at defendant’s place of business.

By way of preliminary objections, defendant raises the bar of the statute of limitations under 12A PS §2-725, which provides in part: “1. An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.”

The above statute, however, refers to the sale of goods under the Uniform Commercial Code. It is this court’s opinion that the instant contract was not for the sale of goods but for the installation of the door together with the labor and materials necessary to accomplish the installation. Under this interpretation the applicable statutory period is six years.

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Bluebook (online)

72 Pa. D. & C.2d 176, 1975 Pa. Dist. & Cnty. Dec. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/able-steel-erection-co-v-franks-collision-service-inc-pactcomplphilad-1975.