COCHRANE ROOFING & METAL CO. v. CALLAHAN

83-1254.

472 So.2d 1005 (1985)

COCHRANE ROOFING & METAL COMPANY, INC. v. H.S. (Sonny) CALLAHAN; Steven M. Priola, d/b/a Mark Construction Co., Inc.

Supreme Court of Alabama.

June 7, 1985.


Attorney(s) appearing for the Case

W. Eugene Rutledge and Kay S. Kelly of Rutledge, Fay & Kelly, Birmingham, for appellants.

Jerry O. Lorant and Charles J. Lorant of Jerry O. Lorant & Associates, Birmingham, for appellee.


SHORES, Justice.

This is an appeal from a judgment entered in a declaratory judgment action.

The single issue presented is whether a contractual undertaking to indemnify another requires that notice of a claim and notice of suit be given to the indemnifying party within a reasonable time where the contract is silent in this regard, and, if so, whether it was given in this case.

The material facts as found by the trial court follow:

Cochrane...

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