Gay v. Kelly

The majority opinion reverses as to Byrd & Son Bottling Company solely upon the allegation in the complaint that the carton of six 7-Up soft drinks “had been bottled, manufactured, assembled and packaged by the defendant, Byrd & Son Bottling Company, and distributed to the defendant Kelly (the retailer) as a finished product ready for retail sale.” The majority construes this allegation as necessarily charging that Byrd & Son manufactured the carton and holds that, upon trial of the case, if the evidence discloses the carton was manufactured by some one other than Kelly, then no cause of…