U.S. FIRE INS. CO. v. McDANIEL

No. 6855.

408 S.W.2d 134 (1966)

UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. Daniel A. McDANIEL, Appellee.

Court of Civil Appeals of Texas, Beaumont.

September 22, 1966.


Attorney(s) appearing for the Case

Orgain, Bell & Tucker, Beaumont, for appellant.

Lamson & Plessala, Port Arthur, for appellee.


STEPHENSON, Justice.

Plaintiff's motion for summary judgment was granted and plaintiff recovered judgment for exemplary as well as actual damages from defendant upon a statutory real estate broker's license bond. The only question in this case is whether or not a surety can be held liable in exemplary damages upon such a bond because of actions of the principal, in which the surety did not participate.

The bond in this case is conditioned that the principal...

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