Anderson v. Foshee

Count 3 of the complaint fails to show that these defendants, are liable to plaintiff under their indemnity contract, as shown by Exhibit C. Defendants’ undertaking was not to pay all debts and obligations of the Foshee Lumber Company, but only to see that none of them became a lien or charge on the property pur chased by plaintiff from the lumber company, and to hold plaintiff harmless against such of those debts as were or became liens, incumbrances, or charges upon it. The count alleges tbe existence of a debt due from the lumber company to the Western Railway of Alabama, and that…