Higgins v. Kleronomos

Plaintiffs appeal from an order granting defendant’s motion to dismiss their complaint under section 2 — 619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2 — 619(a)(9)) in which they sought to enforce a written indemnification agreement for brokerage commission and fees.

In their appeal plaintiffs argue that the trial court erred in granting defendant’s motion because (1) the claims upon which indemnification was sought were specifically provided for by the indemnity clause of the contract, and (2) the court erred in considering defendant’s affirmative defense,…