Tschudy v. Amos C. Sudler & Co.

Opinion by

Mr. Justice Schauer.

The parties appear here in the same order as they appeared in the trial court. References to the “plaintiff” should be understood to mean Robert M. Tschudy, who at all times pertinent hereto was acting for himself and on behalf of his brother James Tschudy, and his own wife Carla, all of whom are named as plaintiffs. The defendant and third-party plaintiff Amos C. Sudler & Co. will be referred to as defendant or as Sudler, and third-party defendant Forrest Wilcox will be referred to by name.

The case was tried to the court without a jury on April 3, 1963. At the…