WALTER L. COUSE & COMPANY v. Hardy Corporation

COLEMAN, Justice.

A contractor brought action against a subcontractor to recover indemnity for a sum of money the contractor had paid to a pedestrian who was allegedly injured as the result of negligence in maintaining a public sidewalk in an unsafe condition.

As last amended, the complaint contained two counts, numbered five and six. The trial court sustained demurrer to both counts, plaintiff took a voluntary nonsuit and appealed to the Court of Civil Appeals, 49 Ala.App. 552, 274 So.2d 316, and that court held that the trial court erred in sustaining the demurrer to both counts of the…