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HOME INDEM. CO. v. McCLELLAN MOTORS, INC.

No. 39450.

77 Wn.2d 1 (1969)

459 P.2d 389

THE HOME INDEMNITY COMPANY, Appellant, v. McCLELLAN MOTORS, INC., et al., Defendants, LELAND R. CARPENTER, Respondent.

The Supreme Court of Washington, Department Two.

October 2, 1969.

Attorney(s) appearing for the Case

Guttormsen, Scholfield, Willits & Ager, Robert Lee Ager, and John Hamill, for appellant.

NEILL, J.

This appeal arises out of an action commenced by Home Indemnity Company for a declaratory judgment of its rights and liabilities under a statutory car dealer's bond.

Plaintiff is surety on a used car dealer's bond in which McClellan Motors, Inc., is principal. When claims in excess of the penal amount of the bond were received, plaintiff, on October 15, 1964, cancelled the bond. It then instituted this action...

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