PILLA v. TOM-BOY, INC.

No. 53557.

756 S.W.2d 638 (1988)

Edward A. PILLA and Dollie A. Pilla, Plaintiffs-Appellants, v. TOM-BOY, INC., Defendant-Respondent, v. GEWINNER'S TOM-BOY SUPERMARKET, INC., Third Party Defendant.

Missouri Court of Appeals, Eastern District, Division Four.

September 6, 1988.


Attorney(s) appearing for the Case

Don B. Sommers, Prudence W. Kramer, St. Louis, for plaintiffs-appellants.

Robert P. McCulloch, Leritz, Reinert & Duree, St. Louis, for defendant-respondent.


SIMON, Presiding Judge.

Appellants, Edward A. Pilla and Dollie A. Pilla, appeal the denial of their claim for indemnity based upon a lease provision against respondent, Tom-Boy, Inc. to recover sums paid in settlement to Mary Brackett for injuries sustained in her fall on a sidewalk adjacent to the building owned by the Pillas and leased to Tom-Boy, Inc.

Appellants contend that the trial court erred in failing to find respondent breached the indemnity provision...

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