Debby Junior Coat & Suit Co. v. Wollman Mills, Inc.

This is a motion by the third-party defendant to dismiss the third-party complaint for insufficiency assertedly appearing on the face thereof.

In its complaint the plaintiff alleged that it purchased goods from the defendant when the latter warranted that the goods were crease-resistant and water-repellent and fit for use by the plaintiff in the manufacture of women’s raincoats. The action-in-chief is for alleged breach of warranty, in that after a period of time and when exposed to moisture the material gave up an offensive odor. In the third-party complaint, the defendant (as third-party…