The Aetna Casualty and Surety Company v. L. K. Comstock & Company, Inc., a New York Corporation

REINHARDT, Circuit Judge.

In this action for breach of contract and indemnity, defendant Comstock appeals from a denial of summary judgment, the granting of a directed verdict, and a final judgment entered after the return of special verdicts by a jury.

Factual Background

Stearns-Roger was the prime contractor on a project owned by Nevada Power. Comstock was given an electrical subcontract for the project, and received a purchase order and a document entitled “Subcontract General Conditions” (SGC). The purchase order set forth the subcontract wages and equipment prices and stated that work could…