Third-party beneficiaries of warranties express or implied.
A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
Source:Laws 1963, c. 544, Art. II, § 2-318, p. 1725.
Where plaintiff city asserted common law theories of recovery, federal district court's summary judgment for defendant on basis Uniform Commercial Code precluded city's reliance on third-party-beneficiary theory was improper. Omaha Pollution Control Corp. v. Carver-Greenfield Corp., 516 F.2d 881 (8th Cir. 1975).
Sewage processing plant constructed for sale to city's pollution control corporation by private company was subject to implied warranty of merchantability and of fitness for particular purpose for which it was to be used, and city could recover for breach. Omaha Pollution Control Corp. v. Carver-Greenfield Corp., 413 F.Supp. 1069 (D. Neb. 1976).