Sears, Roebuck & Co. v. Philip

This is a proposed third-party action under Rule 21 of the Superior Court Rules of Civil Procedure, RSA 491:App. R.21, by Sears, Roebuck & Company against A. C. Philip, Jr. The only question presented is whether the claimant’s injury resulted from any breach of Philip’s contract with Sears which would give rise to an implied agreement by Philip to indemnify Sears for any damages assessed against it in the main action.

The case arises as a result of suits instituted against Sears by Ethel M. and John B. O’Donnell for injuries suffered by Mrs. O’Donnell in a fall at the Sears store in Eaconia,…