UNITED BONDING INSURANCE CO. v. W. S. NEWELL, INC.

3 Div. 380.

232 So.2d 616 (1969)

UNITED BONDING INSURANCE CO. v. W. S. NEWELL, INC., a Corp.

Supreme Court of Alabama.

Rehearing Denied February 26, 1970.


Attorney(s) appearing for the Case

London, Yancey, Clark & Allen and Thomas R. Elliott, Jr., Birmingham, for appellant.

Ball & Ball and John R. Matthews, Jr., Montgomery, for appellee.


SIMPSON, Justice.

This is a suit wherein W. S. Newell, Inc., as plaintiff, claimed $40,000.00 damages for the breach of a condition of a bond made by United Bonding Insurance Company, as surety, with Hankins & Sigars Trucking Company, as principal.

The case was tried to the Circuit Judge below who made special findings of fact, at the request of the appellant, as provided by Title 7, § 262, Code. The facts of the case, taken from the trial court's...

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