INDEMNITY INS. CO. v. BOARD PUBLIC INSTRUCTION

No. 2632.

141 So.2d 315 (1962)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a corporation, et al., Appellants, v. THE BOARD OF PUBLIC INSTRUCTION OF BROWARD COUNTY, for the Use and Benefit of E.J. KOYL, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 31, 1962.


Attorney(s) appearing for the Case

Joseph F. Jennings, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellants.

John Byrne, Feibelman, Friedman, Hyman & Durant, Fort Lauderdale, for appellee.


PER CURIAM.

Appellant surety, defendant below, seeks review of a summary final judgment entered in favor of plaintiff materialman, appellee here. Plaintiff furnished materials to a subcontractor in connection with a project aimed at constructing a public school under the auspices of the Broward County Board of Public Instruction. Defendant corporation was surety on the general contractor's performance and payment bond. The complaint asserted that plaintiff had not...

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