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Contracts Keyed to Whaley
Weaver v. American Oil Co.
Citation:Supreme Court of Indiana, 1971. 257 Ind. 458, 276 N.E.2d 144.
American Oil Co. (Plaintiff) entered into a contract with Weaver (Defendant) to lease his gas station. The contract included a “hold harmless” clause, which provided that defendant would hold harmless and also indemnify plaintiff for any damages or losses resulting from plaintiff’s negligence occurring on the leased premises. Defendant did not read the lease or consult a lawyer about it. Subsequently, plaintiff’s employee accidentally sprayed defendant and his associate with oil while repairing a pump at the gas station. Defendant suffered burns and other injuries.
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