## Facts

- Thomas Helvey alleged Wabash County REMC supplied excessive voltage (about 135 volts or more), damaging his 110-volt household appliances.
- The incident was identified as occurring on January 10, 1966, supported by Helvey’s recollection and an affidavit from a witness.
- Helvey sued on March 4, 1970, asserting breach of express and implied warranties arising from the electricity supplied.

## Issues

1. Whether the transaction between a consumer and an electric cooperative for the supply of electricity is a sale of “goods” governed by UCC Article 2.
2. If electricity is “goods,” whether UCC § 2-725’s four-year statute of limitations barred Helvey’s warranty claims filed more than four years after the incident.

## Decision

- The Indiana Court of Appeals affirmed summary judgment for Wabash County REMC.
- The court held that electricity furnished to a consumer qualifies as “goods” under UCC § 2-105 for purposes of Article 2.
- Because the action was filed more than four years after the January 10, 1966 incident, UCC § 2-725 barred the breach-of-warranty claims.
- With the limitations issue dispositive and the relevant dates not genuinely disputed, summary judgment was proper.

## Legal Principles

- UCC § 2-725 requires that an action for breach of a contract for sale be commenced within four years after the cause of action accrues.
- For Article 2 to apply, the subject of the transaction must be “goods,” meaning movable things existing and identified to the contract at the relevant time.
- Electricity supplied to a consumer may be treated as “goods” under Article 2, making UCC remedies and limitations provisions applicable to warranty-based claims arising from its supply.
- When material facts relevant to limitations are undisputed, and the outcome turns on a legal classification (goods vs. services), summary judgment may be granted.

## Conclusion

The court classified consumer-supplied electricity as “goods” under UCC Article 2 and applied UCC § 2-725’s four-year statute of limitations, rendering Helvey’s warranty action time-barred and warranting affirmance of summary judgment for the electric cooperative.


Helvey v. Wabash Cnty. REMC, 278 N.E.2d 608 (Ind. Ct. App. 1972)