Borden Chemical, Inc. v. Jahn Foundry Corp.

Borden Chemical, Inc. (Borden), the third-party plaintiff in a personal injury action, appeals from a summary judgment entered in favor of Jahn Foundry Corporation (John), the third-party defendant, on Borden’s claim that Jahn was contractually bound to indemnify Borden, pursuant to a provision in Borden’s invoices, for liabilities and costs incurred by Borden in connection with Jahn’s use of Borden’s product, a resin known as Durite. The judge ruled that, in accordance with the Massachusetts Uniform Commercial Code, G. L. c. 106, § 2-207, the indemnity provision in Borden’s invoices did not…