Potter v. Frosty Morn Meats, Inc.

We note that the record on appeal in this, case contains the stipulation that “the only question presented in this appeal is the sufficiency of the defendant appellant Elbert Potter’s alleged cross-action, as contained in his answer.” Hence we will confine our consideration to the facts alleged in defendant Elbert Potter’s cross complaint as the basis for subjecting the appellees to contingent liability for contribution as joint tort-feasors.

The right of one defendant sued in tort to maintain a cross action against another to determine his contingent liability for contribution in the event of…