Southwest Mississippi Electric Power Ass'n v. Harragill

GILLESPIE, Presiding Justice.

Southwest Mississippi Electric Power Association, plaintiff below and appellant here,, sued D. B. Harragill, d/h/a O. K. Welding Company, and Enlow M. Kee, Jr., et al.,. d/b/a Colonial Chevrolet Company, defendants below and appellees here, seeking common law indemnity. The trial court sustained demurrers, dismissed the suit, and plaintiff appealed. We affirm because the sum paid out by plaintiff, and for which it seeks indemnity, was a voluntary payment.

Southwest purchased a truck from Colonial Chevrolet Company. In order to comply with Southwest’s specifications…