Ervin v. Sears, Roebuck & Co.

Flagg-Utica Corporation (Flagg) and American Mutual Liability-Insurance Company (American), third-party defendants, appeal from summary judgments entered by the circuit court of Madison County in favor of Sears, Roebuck and Company (Sears), third-party plaintiff, in the sum of $95,234.57, on Sears’ third-party complaint. For the reasons which follow, we affirm the summary judgment entered against American, and reverse and remand for further proceedings on Sears’ third-party complaint against Flagg.

The history of this litigation is lengthy. In 1961 and 1962, Flagg sold underwear to Sears. The…