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BAKER v. McDEL CORP.

No. 196.

53 Wis.2d 71 (1971)

191 N.W.2d 846

BAKER and husband, Plaintiffs and Respondents, v. McDEL CORPORATION, d/b/a Uptown Standard Car Wash & Service Station, Defendant and Respondent: THE AMERICAN OIL COMPANY, Defendant and Third-Party Plaintiff and Appellant: MCCARTHY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the defendant-appellant American Oil Company there were briefs by Borgelt, Powell, Peterson & Frauen, attorneys, and Kurt H. Frauen of counsel, all of Milwaukee, and oral argument by Kurt H. Frauen.

For the defendant-respondent McDel Corporation there was a brief by deVries, Vlasak & Schallert of Milwaukee, and oral argument by Stephen C. deVries.

For the third-party defendant-respondent James G. McCarthy there was a brief and oral argument by Lucien J. Piery of Kenosha.

HANLEY, J.

Three issues are raised in this appeal:

(1) Is The American Oil Company entitled to indemnification under the terms of the lease;

(2) Is McDel Corporation, as assignee of the original lease, bound by the indemnity agreement; and

(3) Was the comparison of negligence between The American Oil Company and McDel Corporation grossly disproportionate?

American Oil's rights as indemnitee...

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