Guntert & Zimmerman, Sales Division, Inc. v. Thermoid Co.

Cross-complainant appeals from a judgment denying it recovery from cross-defendant upon warranties express and implied. The case originated by a complaint filed by Oberti brothers, operators of an olive processing and packing plant, to recover damages caused by contamination of olives from the use of a steam hose which gave them a phenolic taste. Plaintiffs joined both appellant, the distributor who sold the hose, and respondent, who manufactured it, as defendants in the action. Appellant then cross-complained against respondent, alleging that if plaintiffs should recover damages because of the defective hose, appellant should recover the amount of any such damages from respondent.

After trial without a jury, the court found in favor of plaintiffs Oberti brothers and against jobber Guntert, but denied plaintiffs recovery against Thermoid, the manufacturer, on the ground there was no privity of contract between them. The court also denied recovery to cross-complainant jobber, the appellant herein, from cross-defendant manufacturer, the respondent herein, for breach of warranty upon the ground of disclaimer of warranty. The sole issue on this appeal is whether respondent…