SIMMONS v. RHODES & JAMIESON, LTD.

Docket No. S.F. 19357.

46 Cal.2d 190 (1956)

293 P.2d 26

GIPSON E. SIMMONS, Appellant, v. RHODES AND JAMIESON, LTD. (a Corporation) et al., Respondents.

Supreme Court of California. In Bank.

February 10, 1956.


Attorney(s) appearing for the Case

Russell F. King for Appellant.

Weinmann, Rode, Burnhill & Moffitt, L.R. Weinmann, John N. James, Hoey, Hall & Conti, James F. Hoey and Cyril Viadro for Respondents.


McCOMB, J.

Plaintiff purchased some ready-mixed cement from defendant Rhodes and Jamieson, Ltd., through its employee, defendant Harold Aydelotte. After using the mixture for the purpose for which it was intended, plaintiff suffered severe burns. He brought this action against the two defendants, setting forth causes of action for a breach of warranty and for negligence. The trial court granted a nonsuit at the close of plaintiff's case. Plaintiff appeals.

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