WALTER L. COUSE & COMPANY v. HARDY CORPORATION

SC 221.

274 So.2d 322 (1973)

In re WALTER L. COUSE & COMPANY v. The HARDY CORPORATION. Ex parte The HARDY CORPORATION.

Supreme Court of Alabama.

March 8, 1973.


Attorney(s) appearing for the Case

Spain, Gillon, Riley, Tate & Ansley and Ollie L. Blan, Jr., Birmingham, for petitioner.


COLEMAN, Justice.

A contractor brought action against a subcontractor to recover indemnity for a sum of money the contractor had paid to a pedestrian who was allegedly injured as the result of negligence in maintaining a public sidewalk in an unsafe condition.

As last amended, the complaint contained two counts, numbered five and six. The trial court sustained demurrer to both counts, plaintiff took a voluntary nonsuit...

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