EDELSTEIN v. AETNA CASUALTY AND SURETY COMPANY

No. 66-974.

201 So.2d 802 (1967)

Ralph F. EDELSTEIN, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, Appellee.

District Court of Appeal of Florida, Third District.

August 15, 1967.


Attorney(s) appearing for the Case

Arthur J. Berk, Miami Beach, for appellant.

Blackwell, Walker & Gray and James E. Tribble, Miami, for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.


PEARSON, Judge.

The appellant, Ralph F. Edelstein, was sued by the appellee, The Aetna Casualty & Surety Co. upon a subordination agreement executed in order to induce Aetna to write a performance bond for a contractor. The defendant, Edelstein, moved for a directed verdict at the close of plaintiff's case and at the close of all the evidence. The motion was denied. We hold that the plaintiff failed to prove a case against Edelstein and reverse.

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