Collins Baking Co. v. Savage

ANDEESON, Chief Justice.

It is well settled that a third person or subpurchaser from an intermediate dealer cannot recover from the original seller or manufacturer in contract as for a breach of warranty. It is also a rule of law that a manufacturer or seller is not liable to third persons who have no contractual relations with him for negligence in the construction, manufacture, or sale of articles manufactured or sold. To this rule, however, the courts have generally recognized exceptions as to articles of a dangerous or obnoxious character, unwholesome foods, etc. Birmingham CheroCola…