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CARL BEASLEY FORD, INC. v. BURROUGHS CORP.

July 13, 1973

CARL BEASLEY FORD, INC.
v.
BURROUGHS CORPORATION


Luongo, District Judge.


The opinion of the court was delivered by: LUONGO

Carl Beasley Ford, Inc. (Beasley), a Ford dealer, bought from Burroughs Corporation (Burroughs), the manufacturer of the equipment, electronic accounting equipment (E-4000 Series) to produce records required under Beasley's franchise agreement with Ford Motor Company. Contending that the equipment failed to perform as warranted, Beasley instituted this suit to recover the purchase price and consequential damages. The case presents many interesting and novel questions relating to Pennsylvania law under the Uniform Commercial Code, 12A P.S. ยง 1 -- 101 et seq.

 In a bifurcated trial, the issues were submitted to the jury under Federal Rule of Civil Procedure 49(a) for special verdict, and the jury answered interrogatories as follows:

 
(LIABILITY)
 
"1. Did the plaintiff and defendant enter into an oral understanding and agreement for the furnishing by defendant to plaintiff of programming for the E-4000 machine purchased by plaintiff?
 
Yes X No
 
If your answer to # 1 is "YES":
 
2. Did the defendant agree to provide programming which would perform the functions which had been performed by the Reynold & Reynolds books and produce information necessary to preparation and submission of Ford Financial Reports?
 
Yes X No
 
3. Did the plaintiff rely on the defendant's skill and judgment in selecting and furnishing suitable programming for the E-4000 accounting machine?
 
Yes X No
 
4. Did the defendant promise and agree to provide such programming for the E-4000 machine by January 2, 1970?
 
Yes X No
 
5. Did the defendant provide, by January 2, 1970, programming adequate to accomplish the purposes contemplated by the agreement and ...

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