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SOUTHERN SURETY CO. v. SHELDON

No. 5737.

33 F.2d 289 (1929)

SOUTHERN SURETY CO. v. SHELDON et al.

Circuit Court of Appeals, Ninth Circuit.

June 17, 1929.

Attorney(s) appearing for the Case

W. C. Mathes and Kenneth Keeper, both of Los Angeles, Cal. (James C. Sheppard, of Los Angeles, Cal., of counsel), for appellant.

Ben S. Hunter and James Farraher, both of Los Angeles, Cal. (Joseph L. Lewinson and F. Walton Brown, both of Los Angeles, Cal., of counsel), for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

This is an action to recover on a bond given by the appellant in connection with a transaction for the sale of land, the execution of deeds of trust to secure the purchase money, and an agreement by the vendee to erect certain buildings upon the premises. It is conceded upon this appeal that the appellant's bond is one of indemnity and not guaranty against any loss suffered by the vendor by reason of...

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