Employers' Liability Assurance Corp. v. Tebbs

KERR, District Judge.

Plaintiff, The Employers’ Liability Assurance Corporation, Ltd., a corporation, brings this action to recover on a third party indemnity bond executed jointly and severally by the defendants.

During the month of June 1949 defendant Cal M. Tebbs, doing business as Cal M. Tebbs Construction Company, contacted one Mr. Scheib, attorney-in-fact for plaintiff corporation, and advised Scheib that defendant was the low bidder on a road construction project in Montana and that it was necessary that defendant obtain a contract bond to run unto the State of Montana in the amount of…