Gritz Harvestore, Inc. v. A.O. Smith Harvestore Products, Inc. v. L.H. Gruetzmacher, Third-Party

SWYGERT, Senior Circuit Judge.

In this diversity action,,Gritz Harvestore, Inc. (“Gritz”) sued A.O. Smith Harvestore Products, Inc. (“Harvestore”) for terminating its dealership. Harvestore counterclaimed against the dealership, Gritz, and its guarantors, Carmen, Elaine, and Jim Gruetzmacher, for the value of goods that had been shipped to Gritz, but that had never been paid for. Carmen and Elaine Gruetzmacher stipulated to a consent judgment. Carmen also agreed to indemnify Jim Gruetzmacher, the appellant in the instant case, for any liability that he might incur to Harvestore. The appellant…