A & P TEA CO. v. ROYAL CROWN BOTTLING COMPANY

[No. 380, September Term, 1965.]

243 Md. 280 (1966)

220 A.2d 598

THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. v. ROYAL CROWN BOTTLING COMPANY ET AL.

Court of Appeals of Maryland.

Decided June 27, 1966.


Attorney(s) appearing for the Case

William Walsh and Robert H. Reinhart, with whom was William C. Walsh on the brief, for appellant.

William H. Geppert and Hugh A. McMullen, with whom were Gunter & Geppert on the brief, for appellees.

The cause was argued before HAMMOND, MARBURY, OPPENHEIMER and BARNES, JJ., and EVANS, J., Associate Judge of the Fifth Judicial Circuit, specially assigned.


HAMMOND, J., delivered the opinion of the Court.

A defendant in a tort action appeals from the refusal of the trial court to allow it to file a cross claim against a codefendant. The cross claim sought to assert that the codefendant was or might be liable to the cross claimant for the damages asked by the plaintiff in the case and the cost of defense under an express agreement of indemnity or, alternatively, on an implied warranty. The trial judge rejected the cross...

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