Color Graphics, Inc. v. International Marketing Services, Inc.

Banke, Chief Judge.

Plaintiff Color Graphics, Inc., sued International Marketing Services, Inc. (IMS) to collect an alleged account indebtedness for printing services. IMS moved to dismiss the complaint for failure to join an indispensable party and for bringing suit against the wrong party. After considering depositions and other evidence submitted by both parties, the trial court dismissed the complaint. Plaintiff appeals.

Mr. George Matthews engaged Mr. Andrew Dailey, an independent contractor, to design and produce a wall calendar. Matthews had previously engaged Dailey in similar endeavors…