United States Eighth Circuit

Summary judgment for plaintiff-seller in a contract dispute is affirmed where the parties' sales contract unambiguously expressed their intent that the buyer of a machine was obligated to indemnify the seller for damages from either party's negligent acts, thus obligating defendant to indemnify plaintiff for any damages awarded in a products liability suit against the seller.

Appellate Information

• Decided 01/06/2006
• Published 01/06/2006

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William John Miller, argued, Des Moines, IA (Mark L. Tripp, Des Moines, IA, on the brief), for appellant.


• For Appellees:
  
• Thomas D. Waterman, argued, Davenport, IA (John M. Socolow, White Plains, N.Y., on the brief), for appellee.