McAdam v. Western Casualty & Surety Co.

The opinion of the court was delivered by

Wertz, J.:

John S. and Billy D. McAdam, doing business as the McAdam Construction Company, plaintiffs (appellees), brought this action against The Western Casualty and Surety Company, Inc., defendant (appellant), under the declaratory judgment act (G. S. 1949, 60-3127, et seq.), for the purpose of obtaining a judicial construction of a contract of insurance to determine the rights and obligations of the parties thereunder, and for additional relief to which plaintiffs contend they are entitled under the act.

No useful purpose would be served by setting…