Lindsey v. International Shoe Company

BRADLEY, Judge.

Plaintiff filed his complaint under the .Uniform Sales Act in 1964 for breach • of warranty and negligence in the. inspection and sale of a shoe. After four years of pleadings (four amended complaints’ with demurrers sustained to each) appellant took a voluntary non-suit on February 7, 1968, and appealed to the Supreme Court. The case was subsequently transferred to - this court.

Appellant’s complaints, considered together, alleged .that he purchased a shoe with a tack protruding through, or imbedded in, the sole. As a result, he was injured and .seeks damages therefor.

There…