Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant)

U.S. Court of Appeals for the Third Circuit
Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant), 226 F.2d 959 (3d Cir. 1955)

Walter Tozar v. Philco Corporation, (Oliver B. Cannon & Son, Inc., Third-Party Defendant)

Opinion

PER CURIAM.

Walter Tozar brought an action against the Philco Corporation for personal injuries suffered through the alleged negligence of an employee of Phil-co. Philco joined as third party defendant Oliver B. Cannon & Son, Inc. who-were painting contractors doing work on Philco’s premises. Philco settled with Tozar. At this stage of the litigation Philco seeks indemnity against Cannon by virtue of a contract and a release executed by Cannon which, Philco says, constitutes a promise to indemnify. The district court gave judgment against Philco and it appeals.

We think that Judge Lord’s opinion in the district court is an accurate statement of the problem and a satisfactory answer to it. We have nothing more to. add and therefore, affirm the judgment on the opinion of the district judge reported in 130 F.Supp. 554.

Reference

Full Case Name
Walter TOZAR v. PHILCO CORPORATION, Appellant (OLIVER B. CANNON & SON, Inc., Third-Party Defendant)
Status
Published