Ohio Supreme Court November 13, 1963, No. 37610 (United Pacific Ins. v. Balcrank, Inc.)

Zimmerman, J.

If the present action against Balcrank was maintainable by Boyle, Boyle’s insurer, as subrogee, has a right to bring and maintain the action in its own name, and its rights and position are the same as Boyle’s.

"We think this case can and should be decided on the basis of warranty. In the case of Rogers v. Toni Home Permanent Co., 167 Ohio St., 244, 147 N. E. (2d), 612, 75 A. L. R.