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EATON v. MASSEY-HARRIS-FERGUSON, INC.

Civ. A. No. 7033.

161 F.Supp. 853 (1957)

Helen R. EATON, Plaintiff, v. MASSEY-HARRIS-FERGUSON, Inc., and Ellsworth B. Hodges and Marian A. Hodges, d/b/a Cherry Creek Motor Sales, Defendants.

United States District Court W. D. New York.

April 8, 1957.

Attorney(s) appearing for the Case

Charles J. Mistretta, Jamestown, N. Y., for plaintiff.

Rollin A. Fancher, Jamestown, N. Y., for defendant, Massey-Harris-Ferguson, Inc.

Lombard & Pickard, Jamestown, N. Y., for defendants, Ellsworth Hodges and Marian A. Hodges, d/b/a Cherry Creek Motor Sales.

MORGAN, District Judge.

Plaintiff has brought this action on the sale to her by the defendants of a combine harvesting machine and sets out three causes of action, to wit, (1) Breach of Express Warranty, (2) Breach of Implied Warranty of Fitness, and (3) Breach of Implied Warranty of Merchantability. At the end of the presentation of plaintiff's case, the complaint was dismissed as to defendant, Massey-Harris-Ferguson, Inc., leaving only Ellsworth and Marian Hodges...

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