Metzger Bros. v. Royal Indemnity Co.

SIMPSON, Justice.

This is an appeal by the complainant from a final decree of the Mobile County Circuit Court, In Equity, dismissing a bill for declaratory judgment as to one of the respondents.

The bill sought a stay of a certain tort action against appellant on the law side of the circuit court; interpretation of a certain building or construction contract entered into between Metzgers (appellants) and Pate (appellee) ; and interpretation of two one-million-dollar liability insurance policies issued by Royal Indemnity Company in connection with the construction.

Demurrer filed by Pate was…