CONTINENTAL CASUALTY COMPANY v. GR Kinney Co.

This is an indemnity action to determine whether the landlord or the tenant insurance carrier must as sume the liability which arose as a result of a- damage action when a pedestrian fell upon a patch of ice in front of tenant’s store in Davenport, Iowa, on or about January 9, 1962. See Meier v. Phillips, 256 Iowa 757, 129 N.W.2d 92.

The sole question presented by this appeal is whéther there was sufficient evidence in the record to support a jury finding that the landlord had waived the indemnity provision in their written lease of August 11, 1955. The trial court, in overruling plaintiff’s…