Saunders v. Goldstein

LUHRING, Justice.

This is a motion by the third-party defendant to dismiss the original complaint and the third-party complaint.

The complaint alleges: “That on or about November 21, 1938. * * * defendant, Southern Dairies, Inc., * * * was engaged in * * * manufacturing and distributirig for public use and consumption ice-cream and confections including an ice-cream product known as ‘Drum Stick’ which consisted of a cake cone filled with ice-cream and represented as being covered with nuts * * * and offered the said product to the general public including the plaintiff through various stores…