BARKDULL, Chief Judge.
The appellee, plaintiff in the trial court, brought an action based upon a contract of indemnity executed by the appellants to the appellee, in conjunction with a construction contract and a performance bond executed by the appellants upon which the appellee was surety.
Appellant, Henry Sork, prime contractor on the construction contract, defaulted, resulting in a suit being brought against the appellee as surety on the performance bond...
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