OK Johnson Electric, Inc. v. HESS-MARTIN CORPORATION

The opinion of the court was delivered by

O’Connor, J.:

This was an action instituted under the provisions of K. S. A. 60-1110 by O. K. Johnson Electric, Inc., a subcontractor, against Hess-Martin Corporation, Inc., the prime contractor, and its surety to recover for labor and materials furnished in the con struction of the White Lakes Shopping Center in Topeka. White Lakes Development, Inc., the owner of the shopping center, was made a third party defendant, and as a result of an indemnifying agreement with Hess, assumed the defense of the case. From an adverse judgment in the district court,…