Weil-McLain Co. v. Maryland Casualty Co.

Upon the trial in the civil court the evidence established the contract between the city and the appellant, the material portions of which read as follows :

“Paragraph 26. The contractor and sureties hereby agree to indemnify and save harmless the city of Milwaukee from . . . and against any and all claims, liabilities, actions and causes of action, costs, charges, and mechanic’s liens, for labor performed or tools or materials furnished in the construction of the work and any and all costs. ...”

“Paragraph 29. This agreement is, by consent of all parties hereto, made expressly subject to all…