UNITED STATES FIDELITY & G. CO. v. MASON & DULION CO.

6 Div. 417.

145 So.2d 711 (1962)

UNITED STATES FIDELITY AND GUARANTY COMPANY v. MASON AND DULION COMPANY, Inc.

Supreme Court of Alabama.

Rehearing Denied October 25, 1962.


Attorney(s) appearing for the Case

Ralph B. Tate, S. R. Starnes and Spain, Gillon & Young, Birmingham, for appellant.

Jas. E. Clark and London, Yancey, Clark & Allen, Birmingham, for appellee.


COLEMAN, Justice.

This is an appeal by complainant from a declaratory decree.

The appellant is the liability insurer of a contractor, Daniel Construction Company, Inc., which will be herein sometimes referred to as Daniel, or as the contractor or indemnitee. Appellant, by subrogation, stands in the shoes of Daniel, and appellant has all the rights Daniel had, but no more, so far as this case is concerned.

Daniel, the contractor, was building a plant...

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