Washington Water Power Co. v. Morgan Electric Co.

Plaintiffs recovered judgment against defendants in the amount of $19,414.01 covering expenditures for a compromise settlement and attorney’s fees in a wrongful death action. The judgment was based on breach of an indemnity agreement in a construction contract which was secured by a performance bond. The case was tried in the district court of Lewis and Clark County before the Honorable Lester H. Loble, district judge, without a jury.

The principal question upon this appeal is the liability of the defendants to indemnify the plaintiffs under the circumstances disclosed here. The trial judge…