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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