Paus Motor Sales, Inc. v. Western Surety Co.

Hannon, Judge.

The plaintiff, Paus Motor Sales, Inc. (Paus), brought this action against the defendant, Western Surety Company (Western), to recover under a motor vehicle dealer’s bond issued to William E. Haning, doing business as Haning Auto Sales, by the defendant. On the parties’ motions for summary judgment, the district court found that Western was liable under that provision of the bond which covered dealers’ misappropriation of funds belonging to purchasers. Consequently, the court sustained Paus’ motion and denied Western’s motion. We now conclude that under the undisputed facts…