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Contracts Keyed to Kuney
Weaver v. American Oil Co.
Citation:
257 Ind. 458, 276 N.E.2d 144 (1971).Facts
Weaver was a filling station operator that leased from American Oil. The lease included a “hold harmless” clause in small print with no heading that held Weaver liable for any loss, damage, injuries or other casualties that occurred on the leased premises, even those caused by American Oil’s own negligence. The lease was drafted by American Oil’s attorneys and Weaver had never read the lease nor had it reviewed by an attorney. Weaver’s highest level of education was a year and half of high school. This action for declaratory judgment arose then after an American Oil employee sprayed gasoline on Weaver and his assistant causing them to be burned and suffer other injuries on the leased premises.
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