W. J. PERRYMAN & CO. v. PENN MUTUAL FIRE INSURANCE CO.

No. 20308.

324 F.2d 791 (1963)

W. J. PERRYMAN & COMPANY, Inc., Appellant, v. PENN MUTUAL FIRE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 13, 1963.


Attorney(s) appearing for the Case

Marion R. Shepard, Jacksonville, Fla., Marshall H. Fitzpatrick, Birmingham, Ala. (Mead, Norman & Fitzpatrick, Birmingham, Ala., Mathews, Osborne & Ehrlich, Jacksonville, Fla., of counsel), for appellant.

William M. Howell, Charles Cook Howell, Jacksonville, Fla. (Howell, Kirby, Montgomery & Sands, Jacksonville, Fla., of counsel), for appellee.

Before RIVES and JONES, Circuit Judges, and DAWKINS, Jr., District Judge.


JONES, Circuit Judge.

The appellant, W. J. Perryman & Company, Inc., is an Alabama corporation. On July 1, 1947, it entered into a contract with the appellee, Penn Mutual Fire Insurance Company, a Pennsylvania corporation, appointing the appellant as general agent of the appellee in the State of Alabama. By an amendment to the contract the appellant also became the appellee's general agent in the State of Florida. The...

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