Barker v. Allied Supermarket
Supreme Court of Oklahoma
596 P.2d 870 (1979)
Relevant factsFree
Barker (plaintiff) was injured when a glass bottle of Dr. Pepper he picked up from a self-service shelf at Allied Supermarket (defendant) exploded. Barker sued Allied and the bottler for negligence and breach of the implied warranty of merchantability. The trial court found his claim barred by the two-year tort statute of limitations, but Barker argued the UCC's five-year statute of limitations should govern his merchantability claim instead.
IssueFree
Whether there is a contract for sale, and an implied warranty of merchantability, when a buyer takes possession of goods from a merchant's self-service display.