Jones v. Douglas Aircraft Company

The question for decision, whether the cross complaint alleges facts sufficient to entitle Douglas, if adjudged liable to plaintiff, to enforce contribution from Boyd & Goforth under G.S. 1-240 as a joint tort-feasor, is to be determined solely on the basis of the pleadings. Evidence offered at the trial in March, 1959, as disclosed by the record on former appeal, is not relevant. Nor may we assume what allegations of the respective parties will be supported by evidence at the next trial.

Plaintiff’s allegations against Douglas are summarized or quoted in the following (our numbering)…