McGrath v. White Motor Corporation

The plaintiff was injured when the frame of a truck he had purchased and was operating broke and caused the truck to go off the road. Plaintiff brought this action for damages against the manufacturer of the truck, White Motor, the seller, Haupert Tractor, and Concrete-Steel, who made some repairs on the frame before the accident. Concrete-Steel “bought out” on a covenant not to sue. The jury returned a verdict for Haupert and against White; White appeals.

White demurred to Count I of plaintiff’s complaint upon the ground that the count failed to state a cause of action. The demurrer was…