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Contracts Keyed to Marshall
Weaver v. American Oil Co.
Citation:
276 N.E.2d 144 (1971)Facts
The appellee oil company presented to the appellant-defendant leasee, a filling station operator, a printed form contract as a lease to be signed, by the defendant, which contained, in addition to the normal leasing provisions, a “hold harmless” clause which provided in substance that the leasee operator would hold harmless and also indemnify the oil company for any negligence of the oil company occurring on the leased premises. The litigation arises as a result of the oil company’s own employee spraying gasoline over Weaver and his assistant and causing them to be burned and injured on the leased premises. This lease clause not only exculpated the leasor oil company from its liability for its negligence, but also compelled Weaver to indemnify them for any damages or loss incurred as a result of its negligence.
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