Fidelity & Casualty Insurance v. Sears, Roebuck & Co.

The complaint demurred to is composed of three counts, containing identical allegations of fact except that the second count also states a demand made of the defendant and its failure to pay. The second count further alleges as a legal conclusion the defendant’s implied agreement to indemnify the plaintiffs, and the third in like manner one to contribute. The plaintiffs’ brief describes the first count as alleging a cause of action in tort, the second for reimbursement or indemnity, and the third for contribution. The facts alleged are in substance these: The plaintiff Insurance Company, duly…