McCann Construction Co. v. Joe Adams & Son

OPINION

BREWSTER, Justice.

This is an appeal from a summary judgment rendered against plaintiff. McCann Construction Company, Inc. brought suit to recover indemnity from Joe Adams & Son (a corporation) under the provisions of a written construction contract that they had each signed and which provided for indemnity in certain instances.

For brevity the plaintiff will be referred to as McCann and the defendant as Adams. We will outline the facts.

McCann was general contractor on the job of building the Sisters of Notre Dame Building at the University of Dallas in Irving, Texas, in July, 1963.…