Columbia Casualty Co. v. Bern-El Construction Corp.

This action was tried before me without a jury. Both sides waived findings of fact and conclusions of law. The action has been brought to recover the sum of $50,000, under an indemnity agreement, which amount the plaintiff was obliged to pay to one Terry Contracting, Inc., upon a performance bond issued by the plaintiff to insure performance of a contract between Terry and the defendant Bern-El Construction Corporation.

The individual defendants were officers, directors and stockholders of the corporate defendant. They have raised an issue with respect to their liability to the plaintiff and…