Ammann & Whitney v. Edgarton & Edgarton

This motion is made by the third-party defendant, Western Foundation Corporation, to dismiss the third-party complaint served upon it by the defendant, Edgarton and Edgarton. The motion is made under rule 106 of the Rules of Civil Practice upon the sole ground that the third-party complaint on its face fails to state facts sufficient to constitute a cause of action. Upon such a motion, all of the allegations of the third-party complaint must be assumed to be true for the purposes of the motion. Of course, allegations which are immaterial or irrelevant, for the purpose of proving the cause of…