Dixie Container Corp. of North Carolina v. Dale

This action is based, not upon allegations of defendant’s actionable negligence, but upon the premise that plaintiff was a third-party beneficiary of a building contract between Delos and defendant in which defendant agreed to indemnify plaintiff, the tenant of Delos, for any damage to plaintiff’s property resulting from the construction. Defendant concedes that under the terms of the contract, plaintiff would be entitled to indemnity for any sums it might be required to pay third parties as a result of defendant’s performance of the contract. He denies, however, that the contract obligated…