Stephen Gall and his family became ill after drinking contaminated water supplied to their home by the McKeesport Municipal Water Authority. They filed suit against the utility, arguing, among other things, that the utility had breeched the UCC implied warranty of merchantability when it sold them contaminated water. The utility moved to dismiss their complaint, arguing that since water was not "goods", the UCC did not apply. should the Galls' complaint be dismissed?
No because water is a tangible good in which is movable. A goods are defined tangible, movable, personal property. Goods are defined under the Uniform Commercial Code as those things that are movable at the time of identification to a contract for sale. The term includes future goods, specially manufactured goods, and unborn young of animals, growing crops, and other identified things attached to realty.