Clemmons v. King

An original defendant may not invoke the statutory right of contribution, G.S. 1-240, against another party in a tort action unless both parties are liable as joint tort-feasors to the plaintiff in the action, Hayes v. Wilmington, 243 N.C. 525, 91 S.E. 2d 673; Hunsucker v. Chair Co., 237 N.C. 559, 75 S.E. 2d 768; Lovette v. Lloyd, 236 N.C. 663, 73 S.E. 2d 886, although the plaintiff himself may, at his election, sue any one or all of the tortfeasors. Pearsall v. Power Co., 258 N.C. 639, 129 S.E. 2d 217; Darroch v. Johnson, 250 N.C. 307, 108 S.E. 2d 589.

“To constitute two or more persons joint…