Wright v. Sumruld

OPINION

COMPTON, Justice.

The original plaintiff in this case, Hobbs Houses, Inc., brought suit to recover rentals from the defendants, Kenneth G. Wright and Arno R. Dalby, who had “guaranteed” performance of a lease by Hobbs White Truck Company, Inc. The defendants settled but as third-party plaintiffs they sued third-party defendants LeRoy Sumruld and J. C. Hayden for reimbursement. From a judgment granting reimbursement to third-party plaintiffs, the third-party defendant Sumruld appeals. Hayden was never served with process.

On February 11, 1957, Hobbs Houses, Inc. leased to Hobbs White…