TEXAS MOTORCOACHES v. A. C. F. MOTORS CO.

Nos. 8892-8894.

154 F.2d 91 (1946)

TEXAS MOTORCOACHES, Inc. (J. G. BRILL CO., Third-Party Plaintiff), v. A. C. F. MOTORS CO. (BUDD WHEEL CO., Third-Party Defendant).

Circuit Court of Appeals, Third Circuit.

Decided February 13, 1946.


Attorney(s) appearing for the Case

Thomas E. Comber, Jr., of Philadelphia, Pa. (Pepper, Bodine, Stokes & Schoch, of Philadelphia, Pa., on the brief), for Budd Wheel Co.

Benjamin O. Frick, of Philadelphia, Pa., (Philip H. Strubing and Evans, Bayard & Frick, all of Philidelphia, Pa., on the brief), for A. C. F. Motors Co. and J. G. Brill Co.

Howard R. Detweiler, of Philadelphia, Pa. (Ambler & Ambler, of Philadelphia, Pa., on the brief), for Texas Motorcoaches, Inc.

Before BIGGS, McLAUGHLIN and O'CONNELL, Circuit Judges.


O'CONNELL, Circuit Judge.

These actions to recover damages for breach of implied warranty arise out of the same set of circumstances. Their determination will dispose of the ultimate liability for personal injuries and property damage to third parties, as between a buyer, a seller, a manufacturer of a finished product and a maker of a component part assembled in that which was made and sold.

In August, 1940, the plaintiff, Texas Motorcoaches, Inc., (hereinafter...

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