Commander-Larabee Milling Co. v. Jones-Hettelsater Const. Co.

RIDGE, District Judge.

Plaintiff engaged defendant Jones-Hettelsater Construction Company, by written contract, to construct and repair in part a grain elevator and mill. Plaintiff alleges that by the terms of such contract the primary liability for any negligence in the performance of the work in question was on the defendant Jones-Hettelsater Construction Company; that to protect itself against such liability, said defendant obtained a liability insurance policy from defendant Liberty Mutual Insurance Company by the terms of which that insurance carrier agreed to pay all sums which, the…