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R. E. M. IV v. ROBERT F. ACKERMANN & ASSOC.

No. 81-59.

313 N.W.2d 431 (1981)

R. E. M. IV, INC., Respondent, v. ROBERT F. ACKERMANN & ASSOCIATES, INC., et al., Respondents, Buhler Construction Company, Respondent, Norcol, Inc., Appellant.

Supreme Court of Minnesota.

December 17, 1981.

Attorney(s) appearing for the Case

Jardine Logan & O'Brien, John M. Kennedy, Jr., and Carol A. Hooten, St. Paul, for appellant.

Jesse & Cosgrove and Charles J. Noel, Minneapolis, for R.E.M. IV, Inc.

Briggs & Morgan and Margaret Savage, St. Paul, for Ackermann & Associates, Inc., et al.

Murnane, Conlin, White, Brandt & Hoffman and Lawrence R. King, St. Paul, for Buhler Const. Co.

Considered and decided by the court en banc without oral argument.

SCOTT, Justice.

This is an appeal from an order of the Ramsey County District Court granting summary judgment, interpreting contractual language requiring subcontractor Norcol, Inc. (Norcol) to indemnify the general contractor Buhler Construction Company (Buhler), pursuant to the terms and conditions of a contract and to accept the defense of Buhler or to pay certain costs thereof. We reverse.

Plaintiff R.E.M. IV, Inc., (R.E.M.) brought the original action...

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