Holmes v. J. C. Penney Co.

Opinion

ASHBY, J.—

Statement of the Case and Facts

Michael Holmes, a minor, appeals through his guardian ad litem, Ollie Holmes, the order of dismissal of his third amended complaint against J. C. Penney Company which was entered after respondent’s (hereinafter Penney’s) demurrer was sustained without leave to amend.

Appellant’s third amended complaint alleges that Penney’s sold C02 cartridges to defendant Damon Walker, a minor, who in turn used those cartridges to power a pellet gun which belonged to another defendant, Jimmie Petty, also a minor. It is further alleged that while Damon Walker was…