Spence & Howe Construction Co. v. Gulf Oil Corp.

NORVELL, Justice.

This Court granted writ of error upon petitioner’s point which asserted that:

“The Court of Civil Appeals erred in holding that the written contract sued upon provided indemnity to Respondent for an accident which the jury found upon sufficient evidence was solely caused by Respondent’s own negligence and by equipment furnished by Respondent.”

We are in agreement with the Court of Civil Appeals that liability herein is controlled by a written agreement designated as a “purchase order” which bears date of November 3, 1954. The accident which gave rise to this litigation occurred…