Mitchell’s Incorporated v. Ben Friedman

Summary

The Texas Supreme Court reversed the lower courts and remanded the case for trial, holding that the indemnity clause in the lease obligates the original lessee and his assignees to hold the lessor harmless from claims by the assignee's patrons, employees, and visitors. The Court interpreted the term “lessee” to include the owner of the leasehold estate after assignment and applied the doctrine of strictissimi juris to construe the indemnity in favor of the indemnitor.