Prout v. Dowdall

This is a motion by the third-party defendants to dismiss the third-party complaint because of legal insufficiency and also upon the ground that the third-party defendants are not parties who are or may be liable to the third-party plaintiff.

The main action is brought by the plaintiff broker to recover commissions both upon an agreement and on quantum meruit for services rendered in connection with the sale of a parcel of real estate owned by the defendant and third-party plaintiff. In the third-party complaint the defendant , third-party plaintiff — (as owner) seeks to recover over from the…