Martinique Shoes, Inc. v. New York Progressive Wood Heel Co.

Opinion by

Montgomery, J.,

New York Progressive Wood Heel Company (Progressive) appeals from a judgment entered against it in favor of Martinique Shoes, Inc. (Martinique), in an action of assumpsit for indemnity for losses allegedly sustained from-a breach of warranty in the sale of the heel of a shoe. Defendant’s motion for judgment n.o.v. and a new trial were refused. Martinique had affixed the heel in question to a shoe it manufactured and sold to William Hahn & Company, Inc. (Hahn). Eventually the shoe was bought from Hahn by a Mrs. Witt, who upon the occasion of her first wearing of it *406was…