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MASSACHUSETTS BONDING & INSURANCE COMPANY v. BRYANT

No. G-1.

175 So.2d 88 (1965)

MASSACHUSETTS BONDING & INSURANCE COMPANY, a corporation, Appellant, v. Farris BRYANT, as Governor of the State of Florida, for the Use and Benefit of AMERICAN OIL COMPANY, a corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied June 3, 1965.

Attorney(s) appearing for the Case

Marion R. Shepard, of Mathews, Osborne & Ehrlich, Jacksonville, for appellant.

Yardley Drake Buckman, of McCarthy, Adams & Foote, Jacksonville, for appellee.

STURGIS, Chief Judge.

Massachusetts Bonding & Insurance Company, defendant below, appeals from a summary judgment in favor of the use plaintiff, American Oil Company, entered in its suit on a performance bond of the defendant-surety to recover the unpaid balance due by the contractor-principal on account of asphalt sold and delivered by the use plaintiff to the contractor and used in the performance of its road construction contract with the Florida State Road...

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