Johnston v. Suckow

Plaintiff, Lester Johnston, brought a small claims action in the Circuit Court of Effingham County against Marvin Suckow, defendant and third-party plaintiff-appellee, to recover a sum owed him for certain bulldozing work he had performed on farm property leased by Suckow. Thereafter, Suckow brought into the action Myles Upton, third-party defendant-appellant and owner of the property, seeking from him indemnification, investigation expenses and attorney’s fees. Upton’s motion to dismiss the third-party complaint was denied. The court below entered judgment in favor of Johnston against Suckow…