Continental Bank and Trust Company v. Bybee

McDonough, chief justice.

Defendant appeals from the dismissal of a third-party complaint by which he im-pleaded respondent, Adams Carpet Company, to an action on a note held by plaintiff (not a party to this appeal). Defendant admits liability on the note to the plaintiff holder in due course, but asserts that the third-party defendant was obligated to “save appellants harmless” on the note.

In February, 1955, appellant David H. Bybee entered into an agreement with respondent Adams Carpet Company (the third-party defendants below) whereby carpet of a specified type was to be installed in the…