Big a Warehouse Distributors, Inc. v. Rye Auto Supply, Inc.

James R. Cooper, Judge.

This is an appeal from the trial court’s dismissal of the appellant’s third-party complaint with prejudice. On the morning of trial, the complaint was dismissed on the motion of the third-party defendants, appellees John Joplin and Martin Gipson, for failure to state a cause of action. We affirm the court’s decision, modifying the dismissal to be without prejudice.

On January 26, 1984, the appellant, Big A Warehouse Distributors, Inc., (Big A) was sued by the appellee Rye Auto Supply, Inc. (Rye) for $ 15,620.44, the sum Rye alleged was owed by Big A for goods, wares, and…