Civil Procedure – Assessmentback
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A homeowner entered into a contract with a builder to construct an addition to the homeowner’s house. The builder engaged a subcontractor to perform the carpentry and framing work. The homeowner filed a breach of contract action against the builder for defective work on the house. The builder, in turn, impleaded the subcontractor, claiming the subcontractor was responsible for any defects and seeking indemnity for any sum to which the homeowner is entitled. The subcontractor some months before had done some carpentry work for the homeowner at the homeowner’s lake house, and the subcontractor was never paid for that work.
May the subcontractor file a breach of contract claim in the pending action to recover from the homeowner the money due for the lake housework?CorrectIncorrect
A three-car accident occurred in which the drivers were a citizen of State A, a citizen of State B, and a citizen of State C. The State A citizen filed a negligence action against the other two in federal district court and lost his case.
After judgment, may the State C citizen assert and maintain a negligence action against the State B citizen seeking damages for the injuries the State C citizen sustained in the same accident?CorrectIncorrect