Dorsey Heating & Air Conditioning Co., Inc. v. C. C. Dickson, Inc., 59009
| Decision Date | 26 February 1980 |
| Docket Number | No. 59009,59009 |
| Citation | 153 Ga.App. 599,266 S.E.2d 282 |
| Court | Georgia Court of Appeals |
| Parties | DORSEY HEATING & AIR CONDITIONING COMPANY, INC. et al. v. C. C. DICKSON, INC. |
David W. Griffeth, Athens, for appellants.
James E. McDonald, Jr., Athens, for appellee.
Plaintiff-appellee Dickson Inc. brought suit in two counts against appellant-defendant Dorsey Inc. on open account and against Dorsey and the accommodation parties on a promissory note. Dorsey Inc. and the other defendants answered, denying the material allegations of the complaint. Appellants also filed a third-party complaint against James Archer, Paul Dorsey and the Oconee State Bank, alleging that they "unlawfully conspired to deprive (Dorsey Inc.) of its business assets, resulting in the issuance of an immediate writ of possession against (Dorsey Inc.)" which in turn "resulted in the complete and total inability of (Dorsey Inc.) to function in any capacity until dissolution of said writ, rendering (Dorsey Inc.) incapable of performing its obligations and resulting in a great loss of assets to (Dorsey Inc.) and a great additional liability to the other third party plaintiffs . . ." On these allegations, Dorsey Inc. and the other appellants sought the joint and several liability of the third-party defendants "for any and all damages that may arise as the result of (Dorsey Inc.'s) inability to conduct business, specifically including, although not by way of limitation, any liability which may be found in favor of (Dickson Inc.) and against (Dorsey and the other appellants)."
The third-party defendants moved to dismiss the third-party complaint. This motion was granted. The case proceeded to trial, resulting in a verdict and judgment against Dorsey Inc. and the other appellants. They appeal, enumerating as error only the dismissal of their third-party complaint.
1. The motion to dismiss the appeal is denied. Cf. Von Waldner v. Baldwin/Cheshire, Inc., 133 Ga.App. 23, 209 S.E.2d 715 (1974).
2. It was not error to dismiss the third-party conspiracy action as it did not constitute an attempt to render the third-party defendants secondarily liable for the primary claims against Dorsey Inc. Stein v.
Burgamy, 150 Ga.App. 860(2), 258 S.E.2d 684 (1979). It sought the direct liability of the third- party defendants to Dorsey Inc. on its claim of conspiracy to destroy its business. ...
To continue reading
Request your trial
-
Shedd v. Goldsmith Chevrolet
...set forth a basis for a third party complaint against Chrysler based on secondary liability (see Dorsey Heating, etc., Co. v. C.C. Dickson, Inc., 153 Ga.App. 599, 600(2), 266 S.E.2d 282 (1980); Southern R. Co. v. Ins. Co. of North America, 228 Ga. 23, 31, 183 S.E.2d 912 (1971); National Lif......
-
Munday v. State Farm Fire & Cas. Co.
...for indemnity, it is clear that the trial court properly dismissed these claims against appellee. Dorsey Heating &c. Co. v. C.C. Dickson, Inc., 153 Ga.App. 599(2), 266 S.E.2d 282 (1980). Cf. Automated Medical Svcs., Inc. v. Holland, 166 Ga.App. 57(4), 303 S.E.2d 127 (1983). In regard to the......
-
Firestone Tire & Rubber Co. v. Pinyan, 59916
...was Firestone's secondary liability to Pinyan for the passenger's death. Code Ann. § 81A-114; Dorsey Heating &c. Co. v. C. C. Dickson, Inc., 153 Ga.App. 599, 266 S.E.2d 282 (1980). The instant suit, however, asserts Firestone's liability for money damages as compensation for Pinyan's own pe......
-
Michaels v. Kessler
... ... [Cit.]" Southern Concrete Co. v. Carter Constr. Co., 121 Ga.App. 573, 575(3), ... See Knapp v. Lolley, supra; Dorsey Heating, etc., Co. v. C.C. Dickson, Inc., 153 ... ...