WESTERN SURETY COMPANY v. Welty

Plaintiff sues defendant Lee Welty on an indemnity agreement contained in an application for a fuel user’s bond. The bond issued guaranteed payment of fuel taxes to the State of Nebraska. The district court sustained a motion for judgment on the pleadings and en tered a judgment dismissing the action because plaintiff’s petition failed to state a cause of action. The plaintiff appeals. We reverse the judgment.

Defendant Lee Welty’s motion for judgment on the pleadings was in substance and content a demurrer, will be treated as such, and therefore admits the truth of all well-pleaded facts and…