RUSSELL v. GEORGE ROSE & CO., INC.

Docket No. 1019.

276 Cal.App.2d 456 (1969)

80 Cal. Rptr. 755

HOMER LEE RUSSELL, SR., et al., Cross-complainants and Appellants, v. GEORGE ROSE & COMPANY, INC., Cross-complainant and Appellant; INTERARMCO LIMITED, Cross-defendant and Respondent.

Court of Appeals of California, Fifth District.

September 26, 1969.


Attorney(s) appearing for the Case

Stammer, McKnight, Barnum, Bailey & Barnett and Dean A. Bailey for Cross-complainants and Appellants.

Stutsman, Nagel, Ferrari & Cole and J.J. Nagel for Cross-complainant and Appellant.

McCormick, Barstow, Sheppard, Coyle & Best and William B. Boone for Cross-defendant and Respondent.


STONE, P.J.

Benigno Reynozo purchased a used World War I rifle from an army surplus retailer, hereinafter called "Russell." The gun was defective and exploded the first time Reynozo fired it, injuring him. The defect, "excessive head space," was latent; only an expert could detect the four one-thousandths of an inch excess. The condition was aggravated by the presence of cosmaline, a preservative used at that time in the shipment of used armament.

Reynozo...

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