V. B. Construction Co. v. Murray

Appeal by a third party defendant from an order denying its motion to dismiss another defendant’s complaint against it for failure to state a valid cause of action, and in the alternative for a separate trial. Plaintiff’s action is for recovery of damages from his subcontractor on account of breach of contract in using defective material (hot mason’s lime instead of hot plastering lime), in the performance of its contract. Defendant’s third party complaint alleges that the fault thus charged against it was due to a breach of contract by the third party defendant in delivering an improper kind…