B & B Asphalt Co. v. T. S. McShane Co.

McCORMICK, Justice.

Two related appeals have been consolidated for decision. In each case plaintiff B & B Asphalt Co., Inc. sought damages from defendants T. S. McShane, Co., Inc. (McShane) and American Hoist and Derrick Co. (American). T; C. Jones, president of McShane, was a defendant in the first action but not in the second. Each action was based on the same transaction, the lease-purchase by plaintiff of an allegedly defective asphalt plant from McShane. American was the manufacturer and McShane was American’s dealer. In the first action, the trial court entered judgment for defendants on…