Carrols Equities Corp. v. Villnave

Stewart F. Hancock, Jr., J.

The motion of the third-party defendant, Eckerlin-Klepper-Hahn (hereinafter called Eckerlin), dismissing the third-party complaint as to it should be granted.

Plaintiff in the main action has sued the defendant, Villnave, for breach of a written construction contract under which Villnave agreed to build a restaurant. The Insurance Co. of North America is named a defendant because of its obligation under a performance guarantee. The complaint alleges that plaintiff was damaged by reason of the defendant Villnave’s failure to construct the building as required by the…