Legal Opinion

Mixter v. Mack Trucks, Inc.

Superior Court of Pennsylvania

Decided June 14, 1973No. Appeal, No. 91PublishedCited by 18 opinions

1Opinion of the Court

Opinion by

Jacobs, J.,

This case involves the right to indemnification between the seller of a defective chattel and one who has made repairs to such chattel where both have become liable for injury to a third party — the seller by virtue of absolute liability under §402A of the Restatement *315(Second) of Torts1 and the other because of negligent repairs. The court below held that the seller was entitled to indemnification, and we affirm,.

On June 16, 1967, plaintiff purchased a used tractor from Mach Trucks, Inc., the appellee. On September 3, 1967, plaintiff removed the right front tire and rim…

2Cases cited6 opinions

  1. Webb v. ZernSupreme Court of Pennsylvania · 1966
  2. Builders Supply Co. v. McCabeSupreme Court of Pennsylvania · 1951
  3. Burbage v. Boiler Engineering & Supply Co.Supreme Court of Pennsylvania · 1969
  4. John Tromza v. Tecumseh Products Company, a Corporation and Marquette Corporation, a Corporation. Marquette CorporationCourt of Appeals for the Third Circuit · 1967
  5. Helz v. PittsburghSupreme Court of Pennsylvania · 1956

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Burch v. Sears, Roebuck and Co.Supreme Court of Pennsylvania · 1983
  2. Ragan v. SteenSuperior Court of Pennsylvania · 1974
  3. Willet v. Pennsylvania Medical Catastrophe Loss FundSupreme Court of Pennsylvania · 1997
  4. Moran v. G. & W.H. Corson, Inc.Superior Court of Pennsylvania · 1991
  5. Grode v. Mutual Fire, Marine, & Inland InsuranceCommonwealth Court of Pennsylvania · 1993

13 more not listed; retrieve them via the Exa API.

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