United States Fire Insurance Co. v. McDaniel

STEPHENSON, Justice.

Plaintiff’s motion for summary judgment was granted and plaintiff recovered judgment for exemplary as well as actual damages from defendant upon a statutory real estate broker’s license bond. The only question in this case is whether or not a surety can be held liable in exemplary damages upon such a bond because of actions of the principal, in which the surety did not participate.

The bond in this case is conditioned that the principal “shall pay any judgment recovered by any person in any suit for damages or injuries caused by violation of this act.” The amount of the…