Herman Chanen Construction Co. v. Guy Apple Masonry Contractors Inc.

KRUCKER, Judge.

The appellant, plaintiff in the lower court, seeks review of an order dismissing with prejudice its complaint against the appellee, defendant in the lower court. (We shall hereinafter refer to appellant as Chanen and appellee as Apple.) The trial court found that Chanen’s complaint failed to state a claim upon which relief might be granted.

The gravamen of Chanen’s claim was that it was entitled to indemnification by Apple of losses sustained by Chanen in the amount of approximately $61,000. This claim was predicated entirely upon a contract between Chanen, as contractor, and…