BURBIC CONTRACTING CO., INC. v. Willis

Charles H. Willis filed suit against Burbic Contracting Company to recover damages for work and labor performed by Willis for the benefit of Burbic Contracting Company. Burbic then filed its answer denying any indebtedness to the plaintiff and, at the same time, filed a third-party complaint against James W. Wells claiming from him any amounts found to be due by it to plaintiff Willis.

Wells, the third-party defendant, filed an answer denying every allegation made by Burbic and denying liability on the ground that he was an employee of Burbic Contracting Company as a foreman with the authority…