Drake-O'Meara & Associates v. American Testing & Engineering Corp.

STOCKARD, Commissioner.

Plaintiffs have appealed from the summary judgment in favor of defendant in their action for indemnity in the amount of $16,400.47.

From the allegations in plaintiffs’ petition and the contents of the affidavit and exhibits in support of the motion for summary judgment, we find the following facts.

In September 1962, Drake-O’Meara & Associates (hereafter referred to as Drake-O’Meara) contracted with the Sisters of St. Joseph of Wichita, Kansas, to provide architectural services for the construction of two dormitory buildings. Drake-O’Meara also contracted with American…