Jacoby v. Sears, Roebuck & Co.

Plaintiff-appellant commenced his action against the defendant-appellee in the trial court in an action which he designated as a complaint for damages. The action was brought in four legal paragraphs. The first paragraph of amended complaint alleges that defendant was a corporation and that a part of its business was the sale, service and repair of lawn mowers; that appellant delivered his riding lawn mower to appellee and that in the course of repairing the same appellee installed a new motor and pulley.

Thereafter, appellant, while operating the mower in its repaired condition sustained the…