Pass v. Shelby Aviation, Inc.
Tennessee Court of Appeals
2000 WL 388775
Relevant factsFree
Pass brought his airplane to Shelby Aviation (defendant) for inspection and service, during which Shelby replaced both rear-wing attach-point brackets; about four months later, Pass and his wife died when the plane crashed after encountering turbulence, and their estates (plaintiffs) sued Shelby for breach of express and implied warranties under UCC Article 2. Shelby moved to dismiss, arguing the transaction was not a sale of goods covered by Article 2, but the trial court denied the motion, and Shelby appealed.
IssueFree
Whether a transaction involving both the sale of goods and the rendition of services falls under Article 2 of the UCC only if the predominant purpose of the transaction is the sale of goods.