Fremming Construction Co. v. Security Savings & Loan Ass'n

OPINION

HOWARD, Chief Judge.

This is an appeal from a summary judgment against appellant on a third party complaint. The facts show that two lawsuits, which were subsequently consolidated, were filed by various homeowners against the appellant alleging that appellant agreed to build houses for them and complete construction in the summer of 1973; that their houses were not completed until after the summer of 1973; and that as a result they were compelled to pay higher interest rates for their mortgage funds.

Appellant answered and filed a third party complaint against appellee alleging that if…