Gellenbeck v. Sears, Roebuck & Co.

Sears, Roebuck & Company sold a swing set. Janis Gellenbeck was injured when a chain broke while she was being twirled on the swing by some other children. Janis, by her next friend, brought an action against Sears. Sears filed a third party complaint against Remco, its supplier. Remco then brought in Woodstream, its supplier and the manufacturer of the chain. By stipulation of the parties a judg ment in the amount of $25,000 was entered against Sears and Remco and the case proceeded to trial on their claim against Woodstream.

It appears that the chain in question possessed a defect called…