NOBLE v. SEARS ROEBUCK & CO.

No. 20955.

12 F.Supp. 181 (1935)

NOBLE v. SEARS ROEBUCK & CO. et al.

District Court, W. D. Washington, N. D.

October 2, 1935.


Attorney(s) appearing for the Case

Guie & Guie and Moore, Fullerton & Moore, all of Seattle, Wash., for plaintiff.

Poe, Falknor, Falknor & Emory, of Seattle, Wash., for defendant Sears Roebuck & Co.


BOWEN, District Judge.

The question presented on this demurrer is whether or not a seller of an article of merchandise manufactured by another, not known to the seller to be imminently or inherently dangerous to the life or limb of any one who may use it for the purpose for which it is intended, is liable to a third person for injuries resulting from manufacturing defects.

The general rule is that a seller does not impliedly warrant against defects not discoverable...

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