Western Construction Equipment Co. v. Mosby's, Inc.

This is an appeal from a judgment of the District Court of the Fourth Judicial District in the County of Missoula after trial before the court without a jury. Findings of fact and conclusions of law were made.

The case arises from an alleged breach of an indemnification clause in a written lease agreement covering a “Clyde Builder Tower” used in construction and remodeling of a building by defendant. On October 6, 1953, plaintiff Western Construction Equipment Co., leased to defendant Mosby’s, Inc., a hoisting tower by a written lease, this being the second lease between the same parties of…