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LAMBERT v. HEATON

No. C-390.

134 So.2d 536 (1961)

Dallas A. LAMBERT, Appellant, v. Wendell C. HEATON and United Bonding Insurance Company, a foreign corporation, Appellees.

District Court of Appeal of Florida. First District.

November 14, 1961.

Attorney(s) appearing for the Case

Truett & Watkins, Tallahassee, for appellant.

Jim L. Dye, S. Gunter Toney, and James J. Richardson, of Moore & Henderson, Tallahassee, for appellees.

STURGIS, Judge.

On September 3, 1960, the appellant, Dallas A. Lambert, who was plaintiff below, recovered a summary final judgment in an action at law against United Bonding Insurance Company, a corporation, the appellee, and its codefendant, Wendell C. Heaton, for the unpaid balance of a promissory note in plaintiff's favor executed by said Heaton, the payment of which was guaranteed by a performance bond executed by said Heaton as principal and purported to be...

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