Pellett v. Sonotone Corp.

This is a second appeal by plaintiff in an action for damages for personal injuries. On the prior appeal (Pellett v. Sonotone Corp., 55 Cal.App.2d 158 [130 P.2d 181]) a judgment of nonsuit was reversed. On the second trial the court directed a verdict in favor of defendants, and plaintiff has appealed from the ensuing judgment.

Plaintiff purchased a hearing device from defendant Sonotone Corporation. Part of the device consisted of an individually moulded ear tip which required the making of a plaster east or impression of plaintiff’s ear. Defendant Brown, a salesman and “consultant” for…