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AIRTROL ENG. CO., INC. v. U. S. FID., ETC.

No. 11310.

345 So.2d 1271 (1977)

AIRTROL ENGINEERING COMPANY, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY.

Court of Appeal of Louisiana, First Circuit.

May 9, 1977.

Attorney(s) appearing for the Case

John S. Thibaut, Jr., Baton Rouge, of counsel for plaintiff Airtrol Engineering Co., Inc., appellee.

Ben Louis Day, Baton Rouge, of counsel for defendant United States Fidelity and Guaranty Co., appellant.

Before ELLIS, CHIASSON and PONDER, JJ.

PONDER, Judge.

Plaintiff sued defendant, a bonding company, for the added amount plaintiff paid for completion of a subcontract when the principal on the bond defaulted. Defendant appealed the allowance of the claim.

Defendant asserts the lower court erred in:

1. Finding payments made by plaintiff to the principal were not advance payments prejudicial to defendant;

2. Finding the contract between plaintiff and the principal contained no restrictions...

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