Prudential Residential Services v. Tony Conway Cash

BY JUDGE J. MICHAEL GAMBLE

I am writing to rule on the demurrer of Key Connections, Inc., d/b/a Century 21 All Service (“Century 21”). The demurrer of Century 21 to Counts VI, VE, and VIE is overruled. The demurrer of Century 21 to Count IX is sustained, and Count IX is dismissed. My reasons for these rulings are set forth below.

Count VI

Count VI is an indemnity claim under paragraph 5b of the listing agreement between Prudential and Century 21. This paragraph provides in part that “[B]roker will pay any losses, damages, and expenses ... arising in connection with the services provided by…