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ODEKIRK v. SEARS ROEBUCK & CO.

No. 12742.

274 F.2d 441 (1960)

Eldon C. ODEKIRK, Plaintiff-Appellant, v. SEARS ROEBUCK & CO., a corporation and Vaughn & Bushnell Mfg. Co., a corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 3, 1960.

Attorney(s) appearing for the Case

Oswell G. Treadway, Joseph H. Hinshaw, Perry L. Fuller, Chicago, Ill., Raymond R. Colwin, Fond Du Lac, Wis., for appellant.

Charles D. Snewind, Albert M. Howard, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff brought this action to recover damages attendant on personal injury, in loss of the sight of one eye. Plaintiff charged that defendant, Vaughn & Bushnell Mfg. Co., hereinafter called "Vaughn", who manufactured "Craftsman" hammers, and defendant, Sears Roebuck & Co., hereinafter called "Sears", who sold these hammers under the trade name, as though they were manufactured by Sears, and who prepared specifications for and supervised...

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