Noble J. Dick, Inc. v. Warburton

Supreme Court of Delaware

Noble J. Dick, Inc. v. Warburton

334 A.2d 225, 1975 Del. LEXIS 605

CourtSupreme Court of Delaware

DecidedMarch 4, 1975

StatusPublished

Cited by9 cases

This text of 334 A.2d 225 (Noble J. Dick, Inc. v. Warburton) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Noble J. Dick, Inc. v. Warburton, 334 A.2d 225, 1975 Del. LEXIS 605 (Del. 1975).

Pincite

Opinion

PER CURIAM:

This appeal brings up for review an order of the Superior Court, entered on cross-motions for summary judgment. The effect of the order is to validate an indemnification agreement and defer until trial the legal significance of a release.

We approve the analysis by the Superior Court of the indemnity agreement. 321 A.2d 345 (1973). The agreement clearly and unequivocally requires the contractor to indemnify the owner and the prime contractor against any liability for their own negligence, respectively. In brief, the agreement meets the tests stated in All-State Inv. and Sec. Agcy., Inc. v. Turner Const. Co., Del.Supr., 301 A.2d 273 (1972), and State v. Interstate Amiesite Corp., Del.Supr., 297 A.2d 41 (1972).

The Court deferred a ruling on the legal significance of the release given by the contractor to the prime contractor until after trial. We cannot say as a matter of law it was error to do so.

Affirmed.

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