Kellogg Company v. Sanitors, Inc.

OPINION

DYER, Chief Justice.

This cause comes to this Court under a stipulation of facts presenting the issue of whether under a contract of indemnity the indemnitee (Kellogg) is entitled to be indemnified by the indemnifier (Sanitors) even though the loss be caused by the negligence of the indemnitee.

Kellogg and Sanitors entered into a contract whereby Sanitors was to furnish janitorial, maintenance and maid service at one of Kellogg’s plants. This contract contained the following indemnity clause, the word “contractor” therein referring to Sanitors, and the word “purchaser” therein referring…