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CHERNIN v. INTERNATIONAL OIL CO.

261 Wis. 543 (1952)

CHERNIN, Respondent, vs. INTERNATIONAL OIL COMPANY and another, Appellants.

Supreme Court of Wisconsin.

May 6, 1952.

Attorney(s) appearing for the Case

For the appellants there were briefs by Whyte, Hirschboeck & Minahan, attorneys, and Victor M. Harding and John G. Vergeront of counsel, all of Milwaukee, and oral argument by Mr. Vergeront.

For the respondent there was a brief by Charles C. Hiken and Gold & McCann, and oral argument by Richard A. McDermott, all of Milwaukee.

GEHL, J.

This court has long recognized the distinction between an indemnity against damage on a liability and one against the liability itself. Smith v. Chicago & N. W. R. Co. 18 Wis. *17.

"If it [the paper] contains an indemnity against liability to pay . . . there is a breach of the covenant of indemnity as soon as the liability of the [indemnitee] to pay the same is fixed, and an averment that he has paid it is not essential to the cause of...

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