Pettella v. CORP BROTHERS, INCORPORATED

This action in assumpsit was brought to recover damages for destruction by fire of the plaintiff’s residence alleged to have resulted from a breach of warranty. The action was brought in November 1961 prior to the adoption of Super. R. Civ. P. In November 1967, after the adoption of Super. R. Civ. P., the defendant Corp Brothers, Incorporated, acting pursuant to Super. R. Civ. P. 14, was granted authority to implead Union Carbide Corporation, and a third-party complaint was served on Union Carbide. Thereafter, Union Carbide, as the third-party defendant, moved to vacate the third-party…