Simpson v. Eichenbrunner

Plaintiff has established a prima facie case of breach of warranty. Although the plaintiff’s employer rather than the plaintiff was the legal purchaser of the machine, the plaintiff comes within the extension of the rule of privity as laid down in Greenberg v. Lorenz (9 N Y 2d 195) as between plaintiff and the defendant Leo Eichenbrunner, doing business as Leo’s Hardware & Supply Co. However, there was no privity of contract between plaintiff and the H. D. Hudson Mfg. Co., Inc., manufacturer of the machine, or between the defendant third-party plaintiff Leo Eichenbrunner, doing business as…