GRAZZINI BROS. & COMPANY v. Builders Clinic, Inc.

Peterson, Justice.

This is an appeal from a summary judgment granted in Municipal Court of Hennepin County in favor of a surety upon a general contractor’s bond 1 posted under its building construction contract with a mu nicipality, the municipality claiming indemnity against the surety for any liability arising out of the claims of a subcontractor against the general contractor for labor and materials not paid by the general contractor.

Builders Clinic, Inc., contracted with the city of Minneapolis to build a fire station for a stated bid price, saving to the city the option of ordering extra…