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YOUNG v. MOBIL OIL CORP.

Nos. A8203-01737; CA A36144.

735 P.2d 654 (1987)

84 Or.App. 64

Bruce A. YOUNG and Marie Young, Plaintiffs, v. MOBIL OIL CORPORATION, Appellant-Cross-Respondent, v. Myers Drum Company, a Foreign Corporation, Respondent-Cross-Appellant, A.J. Bayer Company, a Foreign Corporation, Truck Insurance Exchange, a Foreign Corporation, and Elmer H. Hamm, Defendants.

Court of Appeals of Oregon.

Decided April 22, 1987.

Attorney(s) appearing for the Case

James N. Westwood, Portland, for appellant-cross-respondent. With him on briefs, were John D. Burns, C. Edward Fletcher, III, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

James H. Marvin, Portland, for respondent-cross-appellant. With him on brief, were Richard H. Divine and Schouboe, Marvin & Furniss, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

The only issue presented by this appeal1 is whether third-party defendant Myers Drum Company (Myers) has a contractual duty to indemnify defendant/third-party plaintiff Mobil Oil Corporation (Mobil) for a payment made to plaintiffs in settlement of their claims against Mobil.2 The trial court held that the indemnity provision in Myers' contract with Mobil is void. We affirm.

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