Ford Motor Co. v. John L. Frazier & Sons Co.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Cuyahoga County entered upon a verdict of a jury in favor of plaintiff. In the interest of brevity in this opinion, Ford Motor Company, plaintiff-appellee, will be referred to as “Ford” and John L. Frazier & Sons Company, defendant-appellant, as “Frazier.”

The action in the Court of Common Pleas was brought by Ford as indemnitee against Frazier as a claimed indemnitor. As of June 21, 1956, Ford issued its purchase order which was accepted by Frazier and became the contract between the parties. The contract…