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GASQUE v. EAGLE MACHINE CO. LIMITED

20601

270 S.C. 499 (1978)

243 S.E.2d 831

L. B. GASQUE, Appellant, v. EAGLE MACHINE COMPANY, LIMITED, Sperry Rand, Roy Burt, d/b/a Carthage Farm Supply, and George Richardson, d/b/a George Richardson Farm Supply, of whom Sperry Rand, is Respondent (Fifteen Cases).

Supreme Court of South Carolina.

February 9, 1978.

Attorney(s) appearing for the Case

Stevens, Stevens & Thomas, of Loris, W.T. Johnson, Jr., and Burroughs, Green, Sasser, Hudson and Bruner, of Conway, for Appellants.

Henry B. Smythe, of Charleston, for Respondent.

Sherwood M. Cleveland, of McKay, Sherill, Walker & Townsend, Columbia, for The National Ass'n of Manufacturers of the United States of America, A. Hoyt Rowell, III, of Gibbs, Gaillard, Rowell & Tanenbaum, Charleston, for S.C. Trial Lawyers Ass'n, amicus curiae.

February 9, 1978.

LEWIS, Chief Justice:

The appellant, L.B. Gasque, brought this action for breach of warranty against Eagle Machine Company, Sperry Rand (a corporation), and two individual defendants. In its Answer, Sperry Rand asserted a defense of lack of privity between itself and Gasque. At the trial of the case, the lower court granted Sperry Rand's motion for an involuntary nonsuit on the ground of lack of privity and Gasque has appealed. We are of...

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