TRAVELERS INDEM. CO. v. DUCOTE

No. 64331.

380 So.2d 10 (1979)

TRAVELERS INDEMNITY COMPANY v. Milburn J. DUCOTE et al.

Supreme Court of Louisiana.

On Denial of Rehearing January 11, 1980.


Attorney(s) appearing for the Case

J. Michael Percy, Ledbetter, Percy & Stubbs, Alexandria, for plaintiff-applicant.

Roy B. Tuck, Jr., Leesville, for defendant-respondent, Donald D. Perkins.

Stephen C. Kogos, New Orleans, for defendant-respondent, Mrs. Cecile Seitz Noble and Earl Alphonse Noble, Jr.


DENNIS, Justice.

The crucial question in this suit by a surety company on an indemnity contract is factual: Did the defendants, who offered to become indemnitors, impliedly waive notice of acceptance of their offer by the plaintiff surety company? The court of appeal, in reversing the trial court's judgment for the surety company, found that communication of acceptance had not been waived by the offerors. Accordingly, the intermediate court held that the defendants...

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