INDEMNITY INSURANCE CO. v. KOONTZ-WAGNER ELECTRIC CO.

Civ. No. 1475.

131 F.Supp. 432 (1955)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. KOONTZ-WAGNER ELECTRIC CO., Inc.

United States District Court N. D. Indiana, South Bend Division.

June 10, 1955.


Attorney(s) appearing for the Case

Jones, Obenchain & Butler, South Bend, Ind., for plaintiff.

Slaymaker, Locke & Reynolds, Indianapolis, Ind., John W. Niemiec, South Bend Ind., for defendant.


PARKINSON, District Judge.

This is an action seeking recovery on a contractual indemnification tried to the court on a written stipulation of the facts, and it is the cause on the merits which now solicits the decision of this court.

The core question concerns the rights of the parties under clause 13 of the purchase order of May 20, 1948, the pertinent part of which reads as follows:

"If this order covers the performance of labor at the Buyer's plants...

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