Rogers v. United States Rubber Co.

The plaintiff purchased the tire in question on June 22, 1939, and placed it on the right rear wheel of his car. He testified that on July 6, 1939, while he was driving from Wolfeboro to Sanbornville, the tire “went down on the tarvia,” causing his automobile to leave the road and collide with a telephone pole and guardrail. He claims that the accident was due to a blowout caused by a defect in the tire.

He concedes that the warranty of fitness for use, imposed by section 15 of the sales act, does not run with the goods sold, but contends that he was an immediate purchaser from the defendant,…