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FORD v. CLARK EQUIPMENT CO.

Docket Nos. 77-3488, 77-3489.

87 Mich. App. 270 (1978)

274 N.W.2d 33

FORD v. CLARK EQUIPMENT COMPANY TRIM v. CLARK EQUIPMENT COMPANY

Michigan Court of Appeals.

Decided November 28, 1978.

Attorney(s) appearing for the Case

Cholette, Perkins & Buchanan (by Edward D. Wells), for Clark Equipment Company.

Hillman, Baxter & Hammond (by Robert N. Hammond and Joel M. Boyden), for B.L. Harroun & Son, Inc.

Before: D.E. HOLBROOK, JR., P.J., and T.M. BURNS and W. VAN VALKENBURG, JJ.

T.M. BURNS, J.

The important questions in these consolidated cases relate to the effect of MCL 691.991; MSA 26.1146(1) on the indemnity contract between third-party plaintiff, Clark Equipment Company (Clark) and third-party defendant, B.L. Harroun & Son, Inc. (Harroun) and, if the statute does not void the entire indemnity portion of a contract, did the trial court properly instruct the jury on the showing Clark was required to make to recover under the indemnity...

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