Pozsgay v. Free

Plaintiff, Michael S. Pozsgay, appeals from the judgment of the Circuit Court of St. Clair County awarding him damages in the sum of $3,834, against defendants, Allen D. Free and Helen Earline Free, on an indemnity contract executed by defendants in favor of plaintiff.

On appeal, plaintiff contends that the court erred in apportioning the damages among the co-indemnitors as the agreement subjected the indemnitors to joint and several liability. Plaintiff also assigned as error the trial court’s refusal to order specific performance by defendants of their promise, incorporated in the indemnity…