Question: The Big Knob Volunteer Fire Company Fire Co agreed to

The Big Knob Volunteer Fire Company (Fire Co.) agreed to purchase a fire truck from Hamerly Custom Productions (Hamerly), which was in the business of assembling various component parts into fire trucks. Fire Co. paid Hamerly $ 10,000 toward the price two days after signing the contract. Two weeks later, it gave Hamerly $ 38,000 more toward the total purchase price of $ 53,000. Hamerly bought an engine chassis for the new fire truck on credit from Lowe and Meyer Garage (Lowe and Meyer). After in-stalling the chassis, Hamerly painted the Big Knob Fire Department’s name on the side of the cab. Hamerly never paid for the engine chassis, and the truck was repossessed by Lowe and Meyer. Fire Co. sought to re-cover the fire truck from Lowe and Meyer. Although Fire Co. was the buyer of a fire truck, Lowe and Meyer questioned whether any goods had ever been identified in the contract. Are they? Big Knob Volunteer Fire Co. v. Lowe and Meyer Garage, 338 Pa. Super. 257, 487 A. 2d 953, 1985 Pa. Super. Lexis 5540 (Superior Court of Pennsylvania)

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  • CreatedAugust 12, 2015
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