EQUITABLE FIRE & MARINE INSURANCE CO. v. TIERNAN BUILDING CORPORATION

No. 254.

190 So.2d 197 (1966)

EQUITABLE FIRE & MARINE INSURANCE CO., Appellant, v. TIERNAN BUILDING CORPORATION, Appellee.

District Court of Appeal of Florida. Fourth District.

September 28, 1966.


Attorney(s) appearing for the Case

George H. Bailey, of Jones, Adams, Paine & Foster, West Palm Beach, for appellant.

C. Robert Burns, of Burns, Middleton, Rogers & Farrell, Palm Beach, for appellee.


WALDEN, Judge.

This is an appeal from a final judgment which awarded damages against a surety, Equitable Fire & Marine Insurance Co. (defendant/appellant), upon a performance bond.

An owner, Tiernan Building Corporation (plaintiff/appellee), contracted with a builder, American Structures, Inc., for the construction of a building. Their contract required American to furnish Tiernan with a performance bond. This was done, with Equitable being the compensated...

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