Legal Opinion · Dissent

Western Surety Company v. Childers

Supreme Court of Oklahoma

Decided June 19, 1962No. 39304Published

1DissentWilliams, Chief Justice

The question in this appeal is whether the surety on a real estate broker’s bond is liable on each judgment against the broker, up to a limit of $1000.00 per judgment, or whether it is liable only in the total amount of $1000.00.

The majority of the members of this Court hold for total liability of not to exceed $1000.00. I do not agree.

The applicable statute is 59 O.S.1961 § 848:

“The Commission shall not issue any real estate broker’s license or real estate salesman’s license, or a renewal thereof, until the applicant therefor has filed with the Commission a Surety Bond in the sum of One…

2Cases cited5 opinions

  1. Maryland Casualty Co. v. State Industrial CommissionSupreme Court of Oklahoma · 1929
  2. Standard Surety & Casualty Co. v. Oklahoma ex rel. ThilstedCourt of Appeals for the Tenth Circuit · 1944
  3. Pioneer Const. Co. v. First State BankSupreme Court of Oklahoma · 1915
  4. Gregg v. Oklahoma State Bank of AdaSupreme Court of Oklahoma · 1919
  5. Cravens v. First State Bank of SeminoleSupreme Court of Oklahoma · 1960

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