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Richardson v. Union Carbide Industrial Gases, Inc.
Superior Court of New Jersey, Appellate Division
790 A.2d 962 (N.J.Super. 2002)
Hoeganaes (defendant) purchased equipment for its furnace from Rage. Both the proposal for purchase from Rage and the purchase order from Hoeganaes contained language stating that each document was subject to various terms and conditions supplied by each company. The terms and conditions in each document contained an indemnity clause and the two indemnity clauses conflicted. The terms and conditions were never discussed during the formation of the contract. About three years after the sale, Jerry Richardson (plaintiff), an employee of Hoeganaes, was injured when the furnace in question exploded. Richardson filed suit against Rage and Hoeganaes, and Rage cross-claimed against Hoeganaes seeking indemnification. The trial court granted summary judgment to Hoeganaes on the cross-claim. Rage appealed.
Rule of Law
Holding and Reasoning (Braithwaite, J.)
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