Dreybus

The plaintiff, John F. Dreybus, brought this action to recover damages for personal injuries alleged to be the proximate result of the collapse of crutches sold to him by the defendant partnership doing business as Bayless Rents. He alleged that the crutches were defective and he predicated his cause of action both upon breach of warranty and upon negligence. The defendant partnership answered and also filed a cross-complaint making Everest and Jennings, Inc. a cross-defendant. By the amended cross-complaint it was alleged that the plaintiff had sought to purchase the type of crutches manufactured by respondent and that pursuant to his request the crutches had been purchased and resold to plaintiff. It is alleged that there was an express warranty by reason of statements contained in the printed advertisements issued by respondent and upon which defendant relied, and that there was also the implied warranty of fitness for the purpose for which they were sold. The defendants, in the cross-complaint, set forth that the plaintiff claims the warranties were breached and that the crutches were negligently manufactured, and defendant alleges in substance that if it be held liable it…