AMERICAN CAS. CO. OF READING, PENNSYLVANIA v. RICHARDSON CONST. CO.

No. 41.

184 So.2d 921 (1966)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania Corporation, Appellant, v. RICHARDSON CONSTRUCTION COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied April 27, 1966.


Attorney(s) appearing for the Case

D. Lloyd Zook, of Moore & Moore, Miami, for appellant.

Norman C. Roettger, Jr., of Fleming O'Bryan & Fleming, Fort Lauderdale, for appellee.


PER CURIAM.

The defendant surety on a subcontractor's performance bond appeals from a final judgment in favor of the general contractor, plaintiff below, who upon default of the subcontractor exercised the right under the contract to complete the work. Included in the judgment is an item of $1,573.16 for interest.

The appellant surety contends: (1) That the judgment is erroneous because it was a condition of the performance bond that the plaintiff (general...

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