Berg v. Remington Arms Company

LUONGO, District Judge.

On December 26, 1952, defendant’s predecessor sold and delivered to Phoenix Supply Company a chain saw which it had manufactured. Thereafter (when and how is not revealed in the record) Phoenix Supply Company transferred the chain saw to Town Supply Company which, on May 25, 1960, rented it to plaintiff’s employer. On that date plaintiff was injured while using the chain saw. Plaintiff instituted suit against defendant on August 3, 1961 alleging as the basis for recovery a breach of the implied warranties of merchantability and fitness for purpose. The complaint…