Brown v. Hersch Chemists, Inc.

Hersch Chemists, Inc. (hereafter called Hersch) appeals from an order denying its motion for summary judgment against Progressive Drug Co., Inc. (hereafter called Progressive). The controversy is the aftermath of a judgment obtained against Hersch for personal injuries caused by the use of hair dye sold by it to a customer at retail. Hersch had bought this hair dye from Progressive, which is a jobber. Hersch joined Progressive as a third-party defendant and obtained a judgment by way of indemnification, but it was reversed on appeal and the third-party complaint dismissed, due to the…