Diamond v. Davis Bakery, Inc.

The parties now before the court are Norman Diamond, hereinafter referred to as appellant, and the Davis Bakery, Inc., hereinafter referred to as appellee, the Warsaw Sausage Company having been dismissed.

The question raised in this action may be stated in this language:

Where, plaintiff, an injured person, brings an action sounding in tort against two parties, the liability of one being primary and the liability of the other being secondary, and plaintiff, for a valuable consideration, though not in full satisfaction of his damages, executes a covenant not to sue the party primarily liable…