Ref-Chem Corp. v. El Paso Products Co.

OPINION

PRESLAR, Chief Justice.

This case involves an indemnity contract on which summary judgment was granted the indemnitee, El Paso Products Company, against the Ref-Chem Corporation, the indemnitor. We are of the opinion that the summary judgment was improper because a fact question exists as to whether the injured workman was an employee of Appellant, Ref-Chem Corporation, or El Paso Products Company. We will refer to the parties as “Rem-Chem,” Appellant, and the Appellee, El Paso Products Company, will be referred to as “El Paso.”

Ref-Chem, as contractor, and El Paso, as owner, were…