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MIXTER v. MACK TRUCKS, INC. et al.

224 Pa.Super. 313 (1973)

Mixter v. Mack Trucks, Inc. (et al., Appellant).

Superior Court of Pennsylvania.

June 14, 1973.

Attorney(s) appearing for the Case

Michael W. Burns, with him Wilbur McCoy Otto, and Dickie, McCamey & Chilcote, for appellant.

John David Rhodes, with him Ralph A. Davies, and Thomson, Rhodes & Grigsby, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.

OPINION BY JACOBS, J., June 14, 1973:

This case involves the right to indemnification between the seller of a defective chattel and one who has made repairs to such chattel where both have become liable for injury to a third party — the seller by virtue of absolute liability under § 402A of the Restatement (Second) of Torts1 and the other because of negligent repairs. The...

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