Kelderman v. Compton

CRANDALL, Judge.

Defendants/third-party plaintiffs, Ted L. Kelderman and Beverly D. Kelderman, his wife, (Keldermans) appeal from the dismissal with prejudice of their petition filed against third-party defendant, Donald Compton (Compton). At issue is whether the third-party claim of the Keldermans comes within the provisions of Rule 52.11 and is therefore sufficient to invoke the jurisdiction of the trial court. We hold that the pleading was sufficient and reverse and remand.

The facts, as gleaned from the pleadings, are that the Keldermans entered into an oral contract with Compton for the…