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FIDELITY & CASUALTY CO. OF N. Y. v. HARRIS-SMITH, INC.

No. 7274.

211 So.2d 339 (1968)

The FIDELITY & CASUALTY CO. OF NEW YORK, Plaintiff-Appellant, v. HARRIS-SMITH, INC. (Advance Inc., Garnishee), Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 1, 1968.

Attorney(s) appearing for the Case

Boris F. Navratil of Breazeale, Sachse & Wilson, Baton Rouge, for The Fidelity & Cas. Co. of New York.

Fred H. Belcher, Jr. of McCollister, Belcher, McCleary & Fazio, Baton Rouge, for Advance, Inc.

Before LANDRY, REID and BAILES, JJ.

BAILES, Judge.

In October, 1962, The Fidelity & Casualty Company of New York (F&C) became the surety on a bond in favor of Advance, Inc. (Advance) wherein F&C guaranteed the faithful performance by Harris-Smith, Inc., (Harris-Smith) of the conditions of a building contract entered into between Advance and Harris-Smith. This contract was between Advance, as owner, and Harris-Smith, as contractor, for the construction of streets, curbs, gutters, sidewalks...

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