Phares v. Sandia Lumber Company

SADLER, Justice.

The question for decision is whether a retail dealer who makes a sale of manila rope to a customer, engaged in construction work on his premises, is liable in damages to an employee of the customer for breach of an implied warranty of merchantability, workmanlike quality and freedom from defects, where due to latent defects, unobservable upon inspection, and consisting of cut and shredded strands, the rope broke, precipitating the plaintiff and the scaffold upon which he stood to the ground and injuring him.

It should be stated at the outset that this case was • determined on…