Seaboard Surety Co. v. Racine Screw Co.

MAJOR, Chief Judge.

This action sought specific performance of certain provisions of an indemnity agreement executed by plaintiff and defendant. Upon the complaint, defendant’s answer, and affidavits submitted by the respective parties, the court, on motion of the plaintiff, entered a summary judgment in its favor. From this judgment defendant appeals.

In the view which we take of the case, we think it unnecessary to enter into a detailed discussion or analysis of the facts but that a brief resumé will suffice. Plaintiff, on July 13, 1950, executed a performance bond in behalf of the defendant…