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RELIANCE INSUR. CO. v. JACK'S CONSTRUCTION CO.

SC 2661.

360 So.2d 292 (1978)

RELIANCE INSURANCE CO., a corp. v. JACK'S CONSTRUCTION CO., INC., a corp., et al.

Supreme Court of Alabama.

Rehearing Denied July 14, 1978.

Attorney(s) appearing for the Case

Harvey Elrod, Decatur, for appellant.

Julian Harris, Decatur, for appellee, Thornton Fleming.

FAULKNER, Justice.

This action was for breach of a written indemnity agreement under which the shareholders of Jack's Construction Co.,1 the Jacksons and the Flemings, agreed to hold Reliance Insurance Co. harmless from claims in consequence of Reliance becoming surety for Jack's upon performance and payment bonds. The trial court, after a hearing ore tenus, held that Reliance's branch bond manager, Klein, had released the Jacksons and...

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