Haws & Garrett General Contractors v. Gorbett Brothers Welding Company

Haws & Garrett General Contractors, Inc., petitioner, sued Gorbett Brothers Welding Company, Inc., respondent, for damages to a bridge tee allegedly incurred as a result of the negligence of Gorbett Brothers. The incident occurred during the operation of two cranes and hoisting equipment which Haws & Garrett had rented from Gorbett Brothers. Gorbett Brothers alleged in defense that Haws & Garrett had contracted to indemnify Gorbett Brothers for any liability arising out of the operation of the rented equipment. Gorbett Brothers also filed a cross-action against Haws & Garrett for an alleged balance due on the rental charges. The trial court instructed a verdict that Haws & Garrett take nothing by its suit but that Gorbett Brothers recover upon its cross-action. The court of civil appeals severed the suit of Haws & Garrett from the cross-action and affirmed the judgment that Haws & Garrett take nothing; in addition, the court reversed the judgment for Gorbett Brothers in its cross-action and remanded this for trial. 471 S.W.2d 595. Both parties filed applications for writ of error. Haws & Garrett seeks a reversal of the judgment below in its negligence action, and a remand of this cause for trial, principally upon the contention that it was not shown as a matter of law that it had bound itself to a contract of indemnity. We sustain this contention. We deny the relief sought by Gorbett Brothers and thus agree with the judgment of the court of civil appeals reversing the judgment of the trial court in favor of Gorbett Brothers on its cross-action.