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JOHNSTON v. PERCY CONST., INC.

No. 2-58752.

258 N.W.2d 366 (1977)

Esther L. JOHNSTON, Administrator of the Estate of Donald J. Johnston, Deceased, Plaintiff, v. PERCY CONSTRUCTION, INC., and Salsbury Laboratories, Defendants. SALSBURY LABORATORIES, Third Party Plaintiff, Appellant, v. Gene L. PAYNE, d/b/a Payne Plumbing and Heating, Third Party Defendant, Appellee. Gerald KLUNDER, Plaintiff, v. PERCY CONSTRUCTION, INC., and Salsbury Laboratories, Defendants. SALSBURY LABORATORIES, Third Party Plaintiff, Appellant, v. Gene L. PAYNE, d/b/a Payne Plumbing and Heating, Third Party Defendant, Appellee.

Supreme Court of Iowa.

October 19, 1977.

Attorney(s) appearing for the Case

Lindeman & Yagla, Waterloo, for appellant.

Laird, Burington, Bovard & Heiny, Mason City, for appellee.

Heard by MOORE, C. J., and RAWLINGS, REES, HARRIS and McCORMICK, JJ.

McCORMICK, Justice.

Third party plaintiff Salsbury Laboratories appeals judgment dismissing two consolidated actions in which it sought indemnity from third party defendant Gene L. Payne, d/b/a Payne Plumbing and Heating. Salsbury contends the trial court erred in sustaining Payne's motions to dismiss and in overruling its motions for leave to amend its petitions. We reverse and remand.

These actions arose from a construction accident in December 1966 in which...

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