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TEXAS UTILITIES ELEC. v. BABCOCK & WILCOX

No. 06-94-00112-CV.

893 S.W.2d 739 (1995)

TEXAS UTILITIES ELECTRIC COMPANY, Appellant, v. The BABCOCK & WILCOX COMPANY, INC., Appellee.

Court of Appeals of Texas, Texarkana.

Decided February 17, 1995.

Rehearing Overruled March 16, 1995.

Attorney(s) appearing for the Case

Mark D. Strachan, Smead, Anderson, Wilcox & Dunn, Longview, for appellant.

Tom Henson, Gregory D. Smith, Ramey & Flock, Tyler, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

GRANT, Justice.

Texas Utilities appeals from an adverse summary judgment in a contract dispute. Texas Utilities contends that the trial court erred because, as a matter of law, an indemnity provision within a contract between the parties should have been enforced against Babcock & Wilcox.

Texas Utilities purchased a number of "preheater baskets" from Babcock & Wilcox for installation in an electric generating plant. Each basket consists...

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