OUTWATER v. MILLER


3 A.D.2d 670 (1957)

Robert Outwater, an Infant, by His Guardian ad Litem, Lillian Outwater, et al., Appellants, v. Fred W. Miller, Doing Business as Miller Cycle Shop, Defendant, and Progressive Cycle & Auto Supply Co., Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 14, 1957


Respondent Fisher, an importer and distributor, purchased a partially assembled bicycle in a sealed carton from a manufacturer in England and thereafter sold the identical sealed carton, containing the bicycle, to respondent Progressive, a wholesaler, which in turn sold to defendant Miller, a retailer, who opened the carton, completed the assembly of the bicycle, and sold it to the mother of the infant herein. Neither of the two respondents made any inspection of the contents...

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