FIDELITY & CASUALTY CO. OF NEW YORK v. DeLOACH

6 Div. 287.

195 So.2d 789 (1967)

FIDELITY & CASUALTY COMPANY OF NEW YORK v. James B. DeLOACH.

Supreme Court of Alabama.

February 16, 1967.


Attorney(s) appearing for the Case

Jones, McEachin, Ormond & Fulton, Tuscaloosa, for appellant.

Zeanah & Donald, Tuscaloosa, for appellee.


HARWOOD, Justice.

This is an appeal from a judgment rendered in favor of James B. DeLoach, the plaintiff below, damages being assessed at $2,250.

The complaint was based upon a surety undertaking entered into by the Fidelity and Casualty Company of New York, as surety, and the Lloyd A. Fry Roofing Company, as principal, by which Fry, as principal "guarantees under the conditions herein contained" that during the guaranty period it will make at its own expense...

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