N. M. Hubbard v. John H. Gehring and John Strakos

Based upon jury findings, John Strakos recovered a judgment against John G. Gehring and N. M. Hubbard, Inc. Hubbard was awarded indemnity over against Gehring. The Court of Civil Appeals affirmed the judgment against Hubbard but decreed that Strakos take nothing against Gehring. 345 S.W.2d 764. We granted the application for writ of error filed by Hubbard and Strakos and the judgment of the Court of Civil Appeals is now reversed and the judgment of the trial court modified so as to provide that John Strakos do have and recover of and from John H. Gehring and N. M. Hubbard, Inc., jointly and severally, the sum of $50,437.00, with interest thereon at the rate of six per cent per annum from November 16, 1959 until paid, and that N. M. Hubbard, Inc. do have and recover over and against John H. Gehring any and all sums in excess of one half of the amount of the judgment that may be collected or made under execution by John Strakos from N. M. Hubbard, Inc. as and for contribution under Article 2212, Vernons Ann. Tex. Stats. Similarly, the decree of the trial court is modified so as to provide that John H. Gehring do have and recover over and against N. M. Hubbard, Inc. all sums in excess of one half of the amount of the judgment that may be collected or made under execution by John Strakos from John H. Gehring as and for contribution under Article 2212. The judgment of the trial court as so modified is affirmed.