SEARS, ROEBUCK & COMPANY v. DAVIS

No. 69-558.

234 So.2d 695 (1970)

SEARS, ROEBUCK & COMPANY, Inc., an Illinois Corporation, Appellant, v. Robert DAVIS, a Minor, by and through His Father and Next Friend, Theron B. Davis, and Theron B. Davis, Individually, Appellees.

District Court of Appeal of Florida, Third District.

April 28, 1970.


Attorney(s) appearing for the Case

Dixon, Bradford, Williams, McKay & Kimbrell, and Malcolm W. Weldon, Miami, for appellant.

Weiner & Rubin, Horton & Schwartz, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.


PER CURIAM.

The appellant was the defendant in the trial court. This appeal is from a final judgment for the appellee which was entered upon a jury verdict. The action was upon an allegation of breach of warranty as to fitness of a .22 calibre rifle. The proof was that the rifle fired with the safety on some five months after purchase and that appellee was injured.

All of appellant's arguments are based upon a contention that the trial judge should have directed...

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