In Moore v. Puget Sound Plywood, Inc., the Nebraska Supreme Court was asked to decide whether the plaintiffs' action for breach of warranty was timely commenced under section 2-725. In rendering its decision, the court had to deal with the perplexing language of section 2-725(2) and determine whether the warranty "explicitly extended to future performance." This article examines Moore in light of the construction previously given to section 2-725(2) by other jurisdictions and the Nebraska Supreme Court. First, it presents the facts and holding in Moore. It then closely examines the language of section 2-725 and the interpretation given it by other jurisdictions and the Nebraska Supreme Court. The Moore decision itself is examined within this framework. Finally, this Article discusses the possible impact of Moore on future product liability suits in Nebraska.
William J. Schrank,
Establishing a Warranty That Explicitly Extends to Future Performance—Nebraska's Application Of U.C.C. § 2-725(2): Moore v. Puget Sound Plywood, Inc., 214 Neb. 14, 332 N.W.2d 212 (1983),
63 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol63/iss3/6