217 A.2d 71 | Conn. Super. Ct. | 1965
The Union Cycle Company, Ltd., has demurred to the first and second counts of the complaint "because they fail to allege that the plaintiffs gave this defendant notice of the alleged breaches of warranty within a reasonable time after they allegedly occurred." It is claimed that this alleged breach of warranties gave rise to the minor plaintiff's accident and injuries. *220
The complaint states that Union Cycle manufactured a certain type of bicycle and sold it to the general public through its dealer, the defendant Barker's of Meriden, Inc.; that on or about June 1, 1964, the defendants Mr. and Mrs. Anthony S. Carta bought one of these bicycles from Barker's as a present for their minor daughter, Toni; that on June 7, 1964, the plaintiff Sandra Tomczuk, also a minor, was a guest at the Carta home and while there used this bicycle and was caused to be thrown from it and injured due to certain defects in the bicycle. As directed against the defendant Union Cycle, the plaintiffs claim a breach of an express warranty in the first count, and a breach of an implied warranty in the second count. While no reference is made to any particular statute, it is quite apparent that the first count involves §
Section
It is true, as claimed by Union Cycle, that the plaintiffs' right of action derives from the Uniform Commercial Code, particularly §
Section
It is being argued by Union Cycle that it is a "seller" as intended by §
Simply because the legislature created certain rights in a third party beneficiary as to express or implied warranties, in adopting §
For the reasons given, the demurrer is overruled.