Maxwell Brothers of Athens, Inc. v. Deupree Co.

Deen, Judge.

1. The appellee’s motion for summary judgment raised the question of whether it and the original defendants could properly be found by a jury to be unintentional joint tortfeasors under Code Ann. § 105-2012, as to the plaintiff, in such circumstance that the third-party defendant "is or may be” liable to the original defendants for any judgment they may be forced to pay. It is true that the right to obtain contribution does not arise until a judgment is entered (Thornhill v. Bullock, 118 Ga. App. 186 (2) (162 SE2d 886))but if such right may arise the third party action can be…