Meyers v. Robb

This is a consolidated appeal from summary judgments entered in favor of defendants Lester Johnson and Genesee Merchants Bank & Trust [hereinafter Bank]. GCR 1963, 117.2(3).

Plaintiffs brought separate causes of action on behalf of four minors injured by the explosion of a 55-gallon fuel drum. Liability was predicated on negligence and breach of warranty. The pertinent facts follow.

Defendant Garlock contracted with defendant Johnson to have the latter serve as auctioneer at a sale of Garlock’s farm tools, machinery, hardware and furniture, for which Johnson would receive 7-1/2 percent of the…