We granted certiorari in
Dodge Trucks, Inc. v. Wilson,
The buyer, petitioner for certiorari, settled for $26,000 several lawsuits arising out of a collision between an automobile and a Dodge truck owned by the buyer and being driven by its employee. The buyer attempted to "vouch” the dealer and manufacturer of the truck, respondents herein, into the action, but they denied liability and refused to participate. After the settlement, the buyer instituted the present action against the dealer
The trial court granted defendants’ motions for summary judgment on the negligence counts and denied their motions for summary judgment on the breach of warranty count.
On interlocutory appeal, the Court of Appeals reversed the trial court’s denial of defendants’ motions for summary judgment on the breach of warranty count. The court reasoned thatalthoughthiswas couched as an action for breach of warranty, it was in substance an action for contribution or indemnity. Therefore, the action could not be maintained in the absence of a judgment against the buyer as the accident occurred prior to the effective date of the sections of the Code abolishing the requirement .that a party seeking contribution or indemnity have a judgment rendered against him. See Code Ann. § 20-1206 (Cum. Supp. 1976) (Ga. L. 1972, p. 134) (Indemnity) and Code Ann. § 105-2012 (1) (Cum. Supp. 1976) (Ga. L. 1966, p. 433; 1972, p. 132) (Contribution).
The buyer states that its breach of warranty action against the manufacturer and dealer was brought under § 2-715 (2) (b) of the UCC which provides that, "consequential damages resulting from the seller’s breach include injury to person or property proximately resulting from any breach of warranty.” The buyer acknowledges that such an action for breach of warranty against the seller, for damages suffered at the hands of some third party, is in effect an action for implied indemnity. Nevertheless, the buyer argues that other provisions of the Georgia Code on contribution and indemnity do not affect the rights and remedies of a buyer of goods subject to the sales article of the UCC.
Stated somewhat differently, this argument is that the UCC is a self-contained body of law which provides the
Code Ann. § 109A-2 — 715 (a) (b) does not displace the principles of law and equity concerning contribution and indemnity. As we view it, the language of that Code section is silent on that subject. Therefore, the general law on contribution and indemnity found in the cases and in other provisions of the Georgia Code continues to supplement the provisions of the UCC. See 1 Anderson, Uniform Commercial Code, § 1-103:38 (1971, 2d Ed.).
Accordingly, the judgment of the Court of Appeals reversing the trial court’s denial of the dealer’s and manufacturer’s motions for summary judgment on the breach of warranty count must be affirmed.
Judgment affirmed.
