Leave to appeal granted by Supreme Court January 13, 1966. See 377 Mich. 697.
McGREGOR, J.
Glen Dalman, the defendant, entered into a contract on October 2, 1961, with the city of Otsego, to repair, clean, and paint the city's 150,000-gallon elevated water storage tank. Williams & Works, a consulting civil engineering firm, was designated by the city to supervise the work on the tank. The defendant's contract included the following provision:
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