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MASSACHUSETTS BONDING & INSURANCE CO. v. BRYANT

No. 34557.

189 So.2d 614 (1966)

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.

Supreme Court of Florida.

Rehearing Denied September 19, 1966.

Attorney(s) appearing for the Case

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

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

THOMAS, Justice.

The use-plaintiff, American Oil Company, instituted suit against appellant, Massachusetts Bonding and Insurance Company, surety on the performance bond of L.L. Hall Construction Company which had entered into a contract with Florida State Road Department to construct and improve certain roads in Okeechobee County. The undertaking of the performance bond payable to the Governor was to secure prompt payment to all persons furnishing labor, materials...

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