226 F2d 959 Tozar v. Philco Corporation

226 F.2d 959

Walter TOZAR


PHILCO CORPORATION, Appellant (OLIVER B. CANNON & SON, Inc., Third-Party Defendant).

No. 11633.

United States Court of Appeals Third Circuit.

Argued November 4, 1955.

Decided November 16, 1955.

Appeal from the United States District Court for the Eastern District of Pennsylvania; John W. Lord, Jr., Judge.

Michael A. Foley, Philadelphia, Pa., for appellant.

Lynn L. Detweiler, Philadelphia, Pa. (Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


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Walter Tozar brought an action against the Philco Corporation for personal injuries suffered through the alleged negligence of an employee of Philco. 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.