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GAINES v. MacARTHUR

No. 71-10.

254 So.2d 8 (1971)

Julius GAINES and Gaines Construction Co., Appellant, v. John D. MacARTHUR and Bankers Life and Casualty Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 16, 1971.

Attorney(s) appearing for the Case

Cushman & Cushman, Miami, for appellant.

Shutts & Bowen and Robert C. Sommerville, Miami, for appellees.

Before SWANN, C.J., and PEARSON and BARKDULL, JJ.

PEARSON, Judge.

The controlling question upon this appeal is whether a contract which is either a contract of indemnity against loss or a contract of indemnity against liability is breached (1) by a judgment against the promisee, or (2) by the payment of the judgment by the promisee. The question arises in the following manner.

The appellees, John D. MacArthur and Bankers Life and Casualty Company purchased land and construction thereon and in progress from...

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