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MARTINIQUE SHOES v. N.Y.P. WOOD HEEL CO.

207 Pa.Super. 404 (1966)

Martinique Shoes, Inc. v. New York Progressive Wood Heel Company, Appellant.

Superior Court of Pennsylvania.

March 24, 1966.

Attorney(s) appearing for the Case

Joseph Head, with him Swartz, Campbell & Detweiler, for appellant.

Harvey B. Levin, with him Harold Jacobs, and Lazarus and Levin, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION BY MONTGOMERY, J., March 24, 1966:

New York Progressive Wood Heel Company (Progressive) appeals from a judgment entered against it in favor of Martinique Shoes, Inc. (Martinique), in an action of assumpsit for indemnity for losses allegedly sustained from a breach of warranty in the sale of the heel of a shoe. Defendant's motion for judgment n.o.v. and a new trial were refused. Martinique had affixed the heel in question to a shoe it manufactured and sold...

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