Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 21

While visiting the Tractor Supply Company store, Melissa Leonard sat on a porch swing suspended by chains and was injured when the swing fell to the ground. Tractor Supply had not offered to sell Leonard the swing, nor was Leonard interested in buying the swing. However, Leonard sued Tractor Supply for breach of warranty, stating that Tractor Supply was a distributor of the swing, because Tractor Supply had assembled, displayed, and invited Leonard to sit on the swing as an initial step leading Leonard to use the swing. Was there privity of contract between Leonard and Tractor Supply to support a breach of warranty claim?