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HENDERSON v. U.S. FIDELITY AND GUAR. CO.

No. 86-1259.

831 F.2d 519 (1987)

Graham HENDERSON, Plaintiff-Appellant, and United States of America, for the Use of J.E. Liesfeld Contractor, Inc.; United States of America, for the Use and Benefit of Capital Masonry Corp., Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant & Third Party Plaintiff-Appellee, and Central Construction Corporation; Union Fidelity Insurance Company of New York; Craig A. Knepp; Linda N. Knepp; Emanuel Jr. Henderson; Diane Green-El, Dr.; William L. Henderson; Carolyn Henderson; Sally Henderson; John Billingsley, Jr., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1987.

Attorney(s) appearing for the Case

Thomas Tillman Hassell, Jr., Richmond, Va., for appellant.

Randolph Porter Tabb, Jr. (Taylor, Hazen & Kauffman, Richmond, Va., on brief), for appellee.

Before WINTER, Chief Judge, WIDENER, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

WIDENER, Circuit Judge:

Graham Henderson appeals from an adverse judgment in the district court holding him liable under a master surety agreement with United States Fidelity & Guaranty Company. While we agree with the district court that there was adequate consideration to support the parties' bargain, we disagree with the district court's construction of the contract's termination clause. Accordingly, we reverse and remand.

The facts in this case are...

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