C & L Rural Electric Cooperative Corp. v. American Casualty Co.

HENLEY, District Judge.

This is an action for indemnity brought against the surety on a contractor’s bond. The cause has been submitted upon a stipulation of facts and written briefs. Complete diversity of citizenship exists between the parties, and the amount in controversy is substantially in excess of $10,000, exclusive of interest and costs. The facts are as follows:

On or about February 20, 1947, plaintiff C & L Rural Electric Cooperative Corporation (C & L) entered into a contract with Robert Kincade and others doing business as Delta Construction Co. (Delta) for the erection of certain…