Kobeckis v. Budzko

MARDEN, Justice.

On appeal from summary judgment for defendants.

The plaintiff complained breach of implied warranty of merchantable quality and fitness for human consumption of pork purchased from defendant on or about April 15, 1961, and from the consumption of which he alleged resultant trichinosis. 1 Under third party practice, provided by Rule 14 M.R.C.P., defendant Budzko im-pleaded defendant B. D. Stearns, Inc., as one responsible to him if liability were imposed upon him and Stearns, in turn, im-pleaded defendant Dubuque Packing Company, upon the same basis.

From pre-trial, and recorded…