Markle v. Mulholland's, Inc.

*261HOLMAN, J.........

Plaintiff, was injured when the left rear tire of his automobile blew out, causing the vehicle to leave the highway. The tire had been purchased by plaintiff for $12.35 nine months earlier, after it had been recapped.- It had 5,000 to 6,000 miles of use at the time of the accident. Defendants are - the recapper, the wholesaler, and the retailer of -the recapped tire. At the completion of the testimony, -the trial court granted defendants’ motion for a directed-verdiet. Judgment was entered thereon, and plaintiff appealed.

Plaintiff’s cause of action was pleaded in two counts:…