United States Fidelity & Guaranty Co. v. Mason & Dulion Co.

COLEMAN, Justice.

This is an appeal by complainant from a declaratory decree.

The appellant is the liability insurer of' a contractor, Daniel Construction Company, Inc., which will be herein sometimes referred to as Daniel, or as the contractor or indemnitee. Appellant, by subrogation, stands in the shoes of Daniel, and appellant has all the rights Daniel had, but no more, so far as. this case is concerned.

Daniel, the contractor, was building a plant for American Brake Shoe Company, the owner. Daniel -made a subcontract whereby appellee undertook to do a part of the work. Appellee will…