Business Law: Principles for Today's Commercial Environment 3rd Edition by Marianne Moody Jennings, David Twomey, Marianne Jennings

Exercise 7

Triple H Construction Co. contracted with Hunter's Run Stables, Inc., to erect a horse barn and riding arena on Hunter's Run's property in Big Flats, New York. Hunter's Run got a guarantee in its contract with Triple H that "such design with the span so shown will support its weight and will withstand natural forces including but not limited to snow load and wind." Hunter's Run also got the following guarantee from Rigidply, the manufacturer of the rafters: "Rigidply... hereby guarantees that the design to be used for the construction of a horse barn by Triple H... will support the weight of such barn and to snow load and wind as per drawings." The barn was completed in 1983 and collapsed under the weight of snow in 1994. Hunter's Run has sued Triple H for UCC Article 2 remedies. Does Article 2 apply [Hunter's Run Stables, Inc. v Triple H, Inc., 938 F Supp 166 (WDNY)]