No. 679 October Term 1977, Appeal from the Order of the Court of Common Pleas, Civil Division, of Delaware County, No. 914 of 1974, entered on 11/30/76.
Arthur L. Jenkins, Jr., Norristown, for appellant.
Jack Brian, Upper Darby, for appellee, Lawrence S. Wind.
R. Bernstein, with him Anthony F. Raffaele, Media, for appellee, King Koach Marine Sales.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., dissents. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 260 Pa. Super. Page 387]
This is an action in replevin for possession of a motor boat. The questions presented involve whether a security interest in the boat should be accorded priority, and whether a breach of warranty occurred.
In March 1973 Charles Allen, a resident of Berks County, Pennsylvania, bought a twenty-four foot motor boat from King Koach Marine Sales of Delaware County, Pennsylvania. Appellant, Westinghouse Credit Corp., financed the
[ 260 Pa. Super. Page 388]
purchase price of $9,500 by a conditional sales contract, under which Westinghouse took a secured interest in the boat. In April 1973 Westinghouse filed a financing statement in the Office of the Prothonotary for Berks County.
In May 1973 King Koach delivered the boat to Allen at a marina in North East, Maryland. In October 1973 Allen sold the boat to appellee, Lawrence Wind, at a Maryland marina. Shortly thereafter, Wind Moved the boat to a different marina, also in North East, for maintenance and winter storage. In November 1973 Bernard King, the proprietor of King Koach, and a representative of Westinghouse came to the second marina in Maryland, took possession of the boat, and returned it to the King Koach sales premises in Pennsylvania.
On Wind's action in replevin, the lower court held Westinghouse's secured interest unperfected in Maryland and therefore subordinate to Wind's rights, and awarded Wind possession of the boat. On a cross-claim by Westinghouse against King Koach, the lower court held that King Koach had not breached a warranty contained in its non-recourse agreement with Westinghouse, and therefore that King Koach was ...