Thunderbird Electric & Plumbing Supply, Ltd. v. Allied Forest Products, Inc.

This is a civil action in which plaintiff, a Canadian corporation, seeks money damages for breach of an indemnity provision in a consulting services contract. In its answer, defendant admitted the the contract but raised affirmative defenses of waiver, estoppel, failure to mitigate damages and breach of contract. Both parties moved for summary judgment and filed supporting affidavits. The trial court awarded summary judgment to plaintiff. Defendant appeals. We reverse.

The indemnity agreement was entered into in July, 1976.1 It provides that defendant will perform certain consulting services…