CONTINENTAL CASUALTY COMPANY v. Funderburg

While the court states as a fact that feme defendant received no consideration binding her on the contract of indemnity, and for that reason is not liable, the question for determination is not a factual question, but one of law, viz: Do the undisputed facts establish a consideration imposing liability on feme defendant?

W. S. Funderburg, on April 27, 1960, contracted with the United States for the construction of a dike near Charleston. At the request of W. S. Funderburg, plaintiff (Continental) executed a bond guaranteeing performance of the contract and payment of labor and material used in…