Nat Harrison Associates, Inc. v. Florida Power & Light Co., No. 63-355

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore BARKDULL; BARKDULL
Citation162 So.2d 298
PartiesNAT HARRISON ASSOCIATES, INC., a Florida corporation, Appellant, v. FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Appellee.
Decision Date31 March 1964
Docket NumberNo. 63-355

Page 298

162 So.2d 298
NAT HARRISON ASSOCIATES, INC., a Florida corporation, Appellant,
v.
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Appellee.
No. 63-355.
District Court of Appeal of Florida, Third District.
March 31, 1964.
Rehearing Denied April 20, 1964.

Page 299

Sam Daniels, Miami, for appellant.

Blackwell, Walker & Gray and James E. Tribble, Miami, for appellee.

Before BARKDULL, C. J., and TILLMAN PEARSON and HENDRY, JJ.

BARKDULL, Chief Judge.

By this appeal, the appellant seeks reversal of a final judgment finding liability from the appellant to the appellee under an indemnification agreement. The final judgment was rendered upon a jury verdict as to amount, after a partial summary judgment as to liability had been entered by the trial court.

The principal point on appeal is that the trial judge erred in rendering the partial summary judgment in that, as a matter of law, the written contracts failed to establish any indemnification agreement on the part of the appellant to indemnify the appellee against its own negligence. We conclude that the trial judge misapplied the law to the undisputed evidence in this record, and that it was error to enter the partial summary judgment and, therefore, the verdict and final judgment must fall.

It is the general principle of law that contracts of indemnification which attempt to relieve a party of its own negligency are not looked upon with favor. See: Altemus v. Pennsylvania Railroad Company, Del.1962, 210 F.Supp. 834; City of Oakland v. Oakland Unified School District, 1956, 141 Cal.App.2d 733, 297 P.2d 752. In order for such a contract to be so construed, it must be clear and unequivocal. See: Jackson v. Florida Weathermakers, Fla.1951, 55 So.2d 575; Kay v. Pennsylvania R. Co., 156 Ohio St. 503, 103 N.E.2d 751; 27 Am.Jur., Indemnity, § 15; cases collected in Division IV, Subdivision B, of the annotation beginning at page 8 of 175 A.L.R. In the instant case, the appellant and the appellee entered into an agreement which is termed the basic construction agreement, wherein and whereby the appellant [as contractor] was to perform certain work for the appellee [as owner] as requested by subsequent purchase orders to be issued by the company. Pertinent paragraphs of the basic construction contract applicable to this appeal are as follows:

'3. That no work referred to in Section 1 shall be performed under this Agreement except when specifically authorized by a Purchase Order issued by Company to Contractor, and that this Agreement does not bind Company to authorize such work. Each Purchase Order issued by Company to Contractor will specify general area in which work is to be performed, terms of payment, and such other conditions as may be applicable to but not included in, This Agreement. Each Purchase Order will authorize performance by Contractor, of a specific job.

'16. That Contractor shall hold Company harmless and shall indemnify Company from any and all claims, actions, judgments, or expenses of...

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38 practice notes
  • Stephan & Sons, Inc. v. Municipality of Anchorage, No. 5102
    • United States
    • Supreme Court of Alaska (US)
    • June 5, 1981
    ...such a contract to be so construed, it must be clear and unequivocal." Nat Harrison Assoc., Inc. v. Florida Power & Light Co., 162 So.2d 298, 299 (Fla.App.), cert. denied, 166 So.2d 754 (Fla.1964) (citations And in Farmington Plumbing & Heating Co. v. Fischer Sand & Aggrega......
  • Eichel v. Goode, Inc., No. 7254
    • United States
    • New Mexico Court of Appeals of New Mexico
    • April 3, 1984
    ...Co. v. Elmore, 189 [101 N.M. 252] Page 633 So.2d 522 (Fla.App.1966); Nat Harrison Associates, Inc. v. Florida Power & Light Co., 162 So.2d 298 Application of the Florida rule to the 1978 Winn-Dixie/Smith's indemnity provision requires us to hold that the language of the indemnity clause......
  • Zantop Intern. Airlines, Inc. v. Eastern Airlines, Docket Nos. 116838
    • United States
    • Court of Appeal of Michigan (US)
    • June 22, 1993
    ...provision of p 6.2 also does not create an obligation to indemnify. In Nat Harrison Associates, Inc. v. Florida Power & Light Co., 162 So.2d 298, 300 (Fla.App., 1964), cert. den. 166 So.2d 754 (Fla., 1964), the court of appeals held that a clause requiring a contractor to purchase insur......
  • U.S. v. Skipper, No. 79-2528
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 9, 1981
    ...also 17A C.J.S. Contracts § 310, pages 168, 169, 170; Nat Harrison Associates, Inc. v. Florida Power & Light Company, Fla.App.1964, 162 So.2d 298. Allegheny Mutual, at 365. See also MacIntyre v. Green's Pool Service, Inc., 347 So.2d 1081 (Fla.App.1977); Ralston v. Miller, 357 So.2d 1066......
  • Request a trial to view additional results
38 cases
  • Stephan & Sons, Inc. v. Municipality of Anchorage, No. 5102
    • United States
    • Supreme Court of Alaska (US)
    • June 5, 1981
    ...such a contract to be so construed, it must be clear and unequivocal." Nat Harrison Assoc., Inc. v. Florida Power & Light Co., 162 So.2d 298, 299 (Fla.App.), cert. denied, 166 So.2d 754 (Fla.1964) (citations And in Farmington Plumbing & Heating Co. v. Fischer Sand & Aggrega......
  • Eichel v. Goode, Inc., No. 7254
    • United States
    • New Mexico Court of Appeals of New Mexico
    • April 3, 1984
    ...Co. v. Elmore, 189 [101 N.M. 252] Page 633 So.2d 522 (Fla.App.1966); Nat Harrison Associates, Inc. v. Florida Power & Light Co., 162 So.2d 298 Application of the Florida rule to the 1978 Winn-Dixie/Smith's indemnity provision requires us to hold that the language of the indemnity clause......
  • Zantop Intern. Airlines, Inc. v. Eastern Airlines, Docket Nos. 116838
    • United States
    • Court of Appeal of Michigan (US)
    • June 22, 1993
    ...provision of p 6.2 also does not create an obligation to indemnify. In Nat Harrison Associates, Inc. v. Florida Power & Light Co., 162 So.2d 298, 300 (Fla.App., 1964), cert. den. 166 So.2d 754 (Fla., 1964), the court of appeals held that a clause requiring a contractor to purchase insur......
  • U.S. v. Skipper, No. 79-2528
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 9, 1981
    ...also 17A C.J.S. Contracts § 310, pages 168, 169, 170; Nat Harrison Associates, Inc. v. Florida Power & Light Company, Fla.App.1964, 162 So.2d 298. Allegheny Mutual, at 365. See also MacIntyre v. Green's Pool Service, Inc., 347 So.2d 1081 (Fla.App.1977); Ralston v. Miller, 357 So.2d 1066......
  • Request a trial to view additional results

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