SEARS, ROEBUCK & CO. v. PHILIP

No. 6203.

112 N.H. 282 (1972)

SEARS, ROEBUCK & COMPANY v. A. C. PHILIP, JR.

Supreme Court of New Hampshire

July 31, 1972.


Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown and James R. Muirhead (Mr. Muirhead orally) for the plaintiff.

Nighswander, Lord, Martin & KillKelley (Mr. David J. KillKelley orally) for the defendant.

Devine, Millimet, Stahl & Branch and E. Donald Dufresne, for Ethel M. and John B. O'Donnell, filed no brief.


KENISON, C.J.

This is a proposed third-party action under Rule 21 of the Superior Court Rules of Civil Procedure, RSA 491:App. R.21, by Sears, Roebuck & Company against A. C. Philip, Jr. The only question presented is whether the claimant's injury resulted from any breach of Philip's contract with Sears which would give rise to an implied agreement by Philip to indemnify Sears for any damages assessed against it in the main action.

The case arises as a...

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