Morrison v. Sears, Roebuck & Co.

MITCHELL, Justice.

The sole issue before us is whether the Court of Appeals erred in affirming the trial court’s entry of summary judgment for the defendant Sears, Roebuck and Company (hereinafter “Sears”) on the plaintiffs’ claims for a breach of an implied warranty of merchantability. We hold that the Court of Appeals erred in that regard.

The plaintiffs, Wanda Jean Morrison and her husband, Michael Morrison, brought suit against Sears alleging that Mrs. Morrison bought a pair of high-heeled shoes from a Sears store in the spring of 1981. They alleged that on 2 April 1981, the second time she…