SEARS, ROEBUCK & CO. v. MONTGOMERY ELEVATOR

No. A7902 00828; CA A23627.

665 P.2d 1265 (1983)

63 Or.App. 769

SEARS, ROEBUCK & Company, a Corporation, Appellant, v. MONTGOMERY ELEVATOR Company, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided July 6, 1983.

Reconsideration Denied August 19, 1983.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were Robert E. Maloney, Jr., Donald H. Pyle, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Michael A. Lehner, Portland, argued the cause for respondent. On the brief were Margaret H. Leek Leiberan, and Mitchell, Land & Smith, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


WARDEN, Judge.

A boy was injured in plaintiff's store when he caught his foot between the moving stairs and the stationary side wall of a moving escalator that had been manufactured and installed by defendant. Plaintiff and defendant each paid $15,000 to settle the action for damages brought against them by the boy. Plaintiff then brought this action for indemnity on the basis of a provision in the contract by which defendant agreed to build and install the escalator...

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