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MASSACHUSETTS BONDING AND INS. CO. v. OSBORNE

Docket No. 21715.

233 Cal.App.2d 648 (1965)

43 Cal. Rptr. 761

MASSACHUSETTS BONDING AND INSURANCE COMPANY, Plaintiff and Appellant, v. WALTER L. OSBORNE et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

April 19, 1965.

Attorney(s) appearing for the Case

Joseph Jedeikin for Plaintiff and Appellant.

G.H. Van Harvey for Defendants and Respondents.

BRAY, J.*

Plaintiff appeals from judgment, without a jury, in favor of defendants Walter L. Osborne and Doris H. Osborne, in an action for reimbursement against indemnitors on materialmen's and performance bonds.

Questions Presented

I. Was defendant Doris H. Osborne liable as an indemnitor?

II. Did plaintiff breach its duty to mitigate damages and not to increase indemnitors' obligations?

Record...

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