Schmid v. Saphier

Appellee Saphier filed suit against appel-lees Herel and Burrows claiming damages for breach of contract and negligence in the construction of a building. After obtaining leave of court, Herel filed a cross claim against appellant Schmid alleging that he is or may be liable to Herel for all or part of Saphier’s claim against Herel. The court overruled Schmid’s motion to dismiss the cross claim and judgment was entered against Herel, and judgment in the same amount was entered for Herel and against the cross defendant Schmid. Schmid appealed contending the court was without jurisdiction to…