Allen & Whalen, Inc. v. John C. Grimberg Co.

Bruñe, C. J.,

delivered the opinion of the Court.

This is an appeal by the original defendant-third party plaintiff from an order of the Circuit Court for Montgomery County sustaining, without leave to amend, a third-party defendant’s demurrer to the amended thirty-party complaint filed against it.

A party to this case, but not to this appeal, Thomas W. Yoder Co., Inc. (Yoder) was the prime contractor under some construction contract (not in the record) with the United States Government to be performed for the Army at Fort Detrick. Yoder entered into a subcontract with the appellant Allen &…