Cott v. General Motors Corp.

In an action, by homeowners who purchased, from a distributor, steel tubing manufactured by defendant for radiant heating, to recover damages for breach of warranty and negligent misrepresentation in advertising, judgment was entered dismissing the complaint upon the merits at the close of the plain*854tiffs’ case, on the ground that privity of contract was essential. Plaintiffs’ proposed record on the appeal therefrom omitted the testimony, it being claimed that the record presented shows that the dismissal was on the law, not on the facts, and that the testimony is not material to the questions…