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JOHN LARSON CO. v. BRUNSOMAN

Civ. No. 10137.

326 N.W.2d 72 (1982)

The JOHN LARSON COMPANY, Plaintiff and Appellant, v. Willliam BRUNSOMAN, Evan Shark, and Robert Savageau d/b/a SBS, a partnership, Defendants and Appellees.

Supreme Court of North Dakota.

November 10, 1982.

Attorney(s) appearing for the Case

Fleck, Mather, Strutz & Mayer, Bismarck, for plaintiff and appellant; argued by Thomas A. Mayer, Bismarck.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendants and appellees; argued by Patrick A. Conmy, Bismarck.

PEDERSON, Justice.

SBS, a partnership, contracted with Larson to build a restaurant in Bismarck. After construction was substantially completed, this dispute arose over defective work, extra charges, and credits. After a trial to the court without a jury, judgment was entered as follows:

"(a) That ... [Larson] shall indemnify and hold harmless ... [SBS] from any costs incurred by ... [SBS] in repairing defects in work performed prior to ... [Larson] ceasing...

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