GRIMSHAW, J.S.C.
Plaintiff sued for the specific performance of the indemnity agreement in a guaranty of title issued to the plaintiff by the defendant company. The defect of which plaintiff complained was an outstanding franchise tax assessment against one of plaintiff's predecessors in title. Since the assessment was compromised and paid by the defendant prior to the pretrial hearing, the pretrial order limited the issues as follows:
"1. Was there a breach...
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