Abercrombie v. Union Portland Cement Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. From judgment for defendant, plaintiff appeals. A person or corporation manufacturing any article and placing it upon the market for sale to the public is liable for the defective quality of his or its goods, and if any damage arises from the defective quality of his or its goods, the company or person is liable in law for such damage.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. From judgment for defendant, plaintiff appeals. A person or corporation manufacturing any article and placing it upon the market for sale to the public is liable for the defective quality of his or its goods, and if any damage arises from the defective quality of his or its goods, the company or person is liable in law for such damage. (29 Cyc. 484-486, note (b); Bright v. Barnett Record Go., 88 Wis. 299, 60 N. W. 418, 26 L. R. A. 524; Hayes v. Philadelphia etc.…
1Opinion of the CourtDunn, J.
Appellant brought this action against respondent to recover damages Sustained by him by the use of certain cement manufactured by respondent and sold to appellant by one Charles D. Story. Appellant claims the right *233to recover from respondent because of his reliance upon certain representations made hy respondent as to the excellent quality of the cement when properly mixed with other ingredients and used for the purpose for which cement is generally and commonly used and because of the failure of said cement to become hard, firm and compact, as respondent had represented in its…
2Cases cited4 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Bragdon v. Perkins-Campbell Co.Court of Appeals for the Third Circuit · 1898
- Kerwin v. Chippewa Shoe Manufacturing Co.Wisconsin Supreme Court · 1916
3Cited by3 opinions
- Shields v. Morton Chemical CompanyIdaho Supreme Court · 1974
- Robinson v. Williamsen Idaho Equipment CompanyIdaho Supreme Court · 1972
- Shields v. Morton Chemical CompanyIdaho Supreme Court · 1974