Western Gulf Oil Co. v. Oilwell Service Co.

BROWN (R.M.), J.

This is an appeal from a judgment of dismissal entered pursuant to an order sustaining a general demurrer without leave to amend interposed by defendant to first amended complaint which asked for declaratory decree determining the rights and duties of the plaintiff and defendant regarding an indemnity clause contained in a written contract, and for damages.

The plaintiff had engaged defendant, an independent contractor, by a written agreement, to redrill one of plaintiff’s oil wells. Attached to the complaint was a copy of a personal injury complaint brought by three employees…