Musser v. Vilsmeier Auction Co

In Musser v. Vilsmeier Auction Co., 522 Pa. 367, 562 A.2d 279 (Pa. 1989), a farm machinery company had contracted with an auction company to auction its used equipment. Id. at 279. The auction company advertised the auction and never took ownership of or controlled the equipment. Id. at 279-80. All items sold through the auction were sold "as-is" and "where-is" and had no guarantees. Id. at 280. The plaintiff's father purchased a tractor at the auction, which later injured the plaintiff. Id. The son sought to hold the auction company strictly liable for his injuries. Id. The Pennsylvania Supreme Court refused to hold the auction company strictly liable on these facts. Id. at 283. It characterized the company as "an ad hoc salesman of the goods of another for a specific purpose and a specific time" and noted that the consumer protection policies underlying strict liability were not served when an auctioneer "is only a salesman or agent for a given time and place . . . because he can bear no relationship to the dealer or manufacturer sufficient to . . . protect the buyer from defective manufacture." Id. at 283. However, the court did recognize that calling oneself an auctioneer would only be a "euphemism" for seller if the auctioneer "specializes in the product of a single manufacturer or specific manufactured good." Id.