MAXWELL BROS. OF ATHENS, INC. v. DEUPREE CO.

48182.

129 Ga. App. 254 (1973)

199 S.E.2d 403

MAXWELL BROTHERS OF ATHENS, INC. v. DEUPREE COMPANY et al.

Court of Appeals of Georgia.

Decided May 31, 1973.

Rehearing Denied June 20, 1973.


Attorney(s) appearing for the Case

Neely, Freeman & Hawkins, Albert H. Parnell, for appellant.

Erwin, Epting, Gibson & Chilivis, Euguene A. Epting, for appellees.


DEEN, Judge.

1. The appellee's motion for summary judgment raised the question of whether it and the original defendants could properly be found by a jury to be unintentional joint tortfeasors under Code Ann. § 105-2012, as to the plaintiff, in such circumstance that the third-party defendant "is or may be" liable to the original defendants for any judgment they may be forced to pay. It is true that the right to obtain contribution does not arise until...

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