Hollywood Turf Club v. Montgomery Elevator Co.

In August of 1972, the Hollywood Turf Club (Club) contracted with Montgomery Elevator Company (Montgomery) whereby Montgomery agreed to perform service and maintenance work on the escalators at the Club’s race track premises. On April 14, 1973, a malfunctioning of one of those escalators occurred, whereby several patrons of the Club were injured. They sued both the Club and Montgomery and recovered a judgment in the amount of $40,672 plus costs.

In that lawsuit the Club and Montgomery had each filed cross-complaints against the other for indemnity and, in the case of Montgom ery’s cross-complaint, for breach of contract. After the verdict and judgment in the main lawsuit, the cross-complaints were submitted on the record in the main action and on points and authorities filed with the court. Thereafter the matter was argued orally, once on the merits, once on objections to proposed findings and once on a motion for a new trial. The court entered judgment for Montgomery and against the Club, as follows:

The Club has appealed; we reverse.

I

Both parties argue in this court that various factual matters are not supported in the record by any declarations or testimony. The…