Western Surety Co. v. Union Investment Co.

JACOBSON, Judge.

We are again asked to determine the liability of a bonding company of a mobile home dealer who fails to pay his financer.

This matter comes to us by way of a summary judgment granted to the plaintiff-appellee — Union Investment Company (Union) in its action against defendant-appellant Western Surety Company (Western), for the failure of Western’s principal, Frank Archer, dba Archer Mobile Home Sales, to transmit funds from the sale of a mobile home to Union.

The facts are not in dispute. On April 20, 1972, Union appeared as the “purchaser” on an invoice issued by Redman…