Kacian v. Illes Construction Co.

Artl, P. J. *

This is an appeal on questions of law from a judgment of the Municipal Court of Cleveland. A motion to quash service upon third-party defendants was sustained, and the petition of defendant-third-party plaintiff: was dismissed.

For the sake of clarity and simplicity the defendant-third-party plaintiff, The Ules Construction Company, shall be referred to as Ules and the third-party defendants, Paul Fruscello and Fruscello Builders, as the Fruscellos.

In November 1963, the homeowners, and original plaintiffs herein, filed this action in Cleveland Municipal Court against a general…