Gasque v. Eagle MacHine Co. Limited

Lewis, Chief Justice:

The appellant, L. B. Gasque, brought this action for breach of warranty against Eagle Machine Company, Sperry Rand (a corporation), and two individual defendants. In its Answer, Sperry Rand asserted a defense of lack of privity between itself and Gasque. At the trial of the case, the lower court granted Sperry Rand’s motion for an involuntary non-suit on the ground of lack of privity and Gasque has appealed. We are of the opinion that the trial court committed reversible error in ordering the nonsuit. Fourteen other cases, in which Eagle Machine Company and Sperry Rand…