Henderson Realty v. Mesa Paving Co.

OPINION

SCHROEDER, Judge.

This case arises from an action for damages in which both the appellant, Henderson Realty (Henderson), and the appellee, Mesa Paving Company, Inc. (Mesa Paving) were joined as defendants. The trial resulted' in a determination that Mesa Paving was liable to the plaintiffs for negligence, and that Henderson was not. The sole question presented to us is whether Henderson’s cross-claim against Mesa Paving for indemnification of attorneys’ fees incurred in the suit should have been granted. The plaintiffs in the original action are not parties to this appeal.

Appellant…