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TRAINOR CO. v. ÆTNA CASUALTY & SURETY CO.

No. 15318.

49 F.2d 769 (1931)

TRAINOR CO. v. ÆTNA CASUALTY & SURETY CO.

District Court, E. D. Pennsylvania.

Motion for Rehearing Denied June 18, 1931.

Attorney(s) appearing for the Case

David L. Ullman, of Philadelphia, Pa., for plaintiff.

J. W. Henderson (of Rawle & Henderson), of Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

This is a suit by an obligee against the surety upon a bond for the completion of a building operation. The trial was to the court without a jury.

Findings of Fact.

1. The Trainor Company, plaintiff, on October 13, 1927, conveyed certain real estate to Copley Homes, Inc., a corporation organized to carry out a proposed house building operation. The details are unimportant, but it may be taken (a) that as a result of the...

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