Legal Opinion
Noble v. Sears Roebuck & Co.
District Court, W.D. Washington
Decided October 2, 1935No. 20955PublishedCited by 3 opinions
1Opinion of the Court
BOWEN, District Judge.
The question presented on this demurrer is whether or not a seller of an article of merchandise manufactured by another, not known to the seller to be imminently or inherently dangerous to the life or limb of any one who may use it for the purpose for which it is intended, is liable to a third person for injuries resulting from manufacturing defects.
The general rule is that a seller does not impliedly warrant against defects not discoverable by ordinary inspection ór test. Hoyt v. Hainsworth Motor Co., 112 Wash. 440, at page 442, 192 P. 918.
One who sells an article known…
2Cases cited6 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Lynch v. International Harvester Co. of AmericaCourt of Appeals for the Tenth Circuit · 1932
- Kress v. LindseyCourt of Appeals for the Fifth Circuit · 1919
- Hoyt v. Hainsworth Motor Co.Washington Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baltimore & O. R. Co. v. O'NeillCourt of Appeals for the Sixth Circuit · 1954
- Bird v. Ford Motor Co.District Court, W.D. New York · 1936
- Baltimore & O. R. Co. v. O'NeillCourt of Appeals for the Sixth Circuit · 1954