Collins v. Zachary Hardwood Lumber Co.

BAILES, Judge.

This is an appeal from a judgment of the trial court granting a motion for summary judgment the effect of which was the dismissal of the third party proceeding filed by the third party plaintiff (defendant in main demand), Zachary Hardwood Lumber Company, Inc., against Fidelity and Deposit Company of Maryland, third party defendant. We find the result reached by the trial court was correct, and the judgment appealed from is affirmed.

The following undisputed facts are pertinent to a consideration of the question of law involved. Decedent, Sam Collins, Jr., a resident of East…