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Firescone ori the impli~d warranty provisions of thc~ L~niforn: Commer-
cial Caie 672. 2-314~ Florida Sratutes 1967). The w:~rranty 5ou~ht
to be invoked in count five is a contractual warranty of inerchantability
of goods which in the language of the statute is implied in a contract •
for thcir sale. We do not construe the sales warranty provisions of
the Uniform Commercial Code as gove.rning the rights and duties
" between a user of the goods and a remote manufacturer with whom the
user has no privity of a contract, See Ford Motor Co, v. Pittman, -
227 So. 2ci 246 ( Fla. App. 1969); Schuessler v. Coca -Cola [iottling Co.
~ of Miami, 279 So. 2~ 90I (Fla. App. I973). Section 2-318 of the Uni-
form Commercial Code 672. Z-318. Florida Statutes 1965) extended
the benefits of the same warranty received by the buyer in a contract
of sale tu members of the family or household or guests in the house
of the buyer by des~g*?ating such persons as third party beneficiaries
of the contract of sale. By amendment in 1967 the Florida legislature ,
added employees, servants and agents of the buyer to this group of
third parc}• beneficiaries 672. 2-318, Florida Statutes 1967). In ar
attempt ta•bring plaintiffs into this group of third party beneficiaries
; of the sale contract Uetween Ford and Sunris. , it is allegc:d in count
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~ five tr~at plaintiffs were employees of an agent of Sunrise and as sucr.
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~ were employec,i by the defendant Sunrise to mounr tires on wheel
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~ assembiv previo;3slv described. 1'his allegation is confusing since the
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~ fact~ allc~ed fail to establish any agency retat;onshi~ between Sunrise
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~ and plaintiffs' empPoyer Goodyear nor any em~loyer-emptoyee rela-
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~ tior,ship between Sunrise ar.d plaintiffs. W`e affirm the trial court's
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~ dismissal of count five of the complaint.
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"l'he final judgmen: appealed from is affir:n:.~c; in part, reversc.~i
~ ir. p~rt ar,d rernanded to tre trial court for further proce~ding in accord-
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~ anc` wit~i rhis opinion.
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~ V~'At,DF~N and IX?W~EY, JJ. , concur.
~ ~AltR1NCTOh, OTiS, Associate Judge, c:oncurs in part, dissents in
~ pa rt.
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