Legal Opinion
Gaines v. MacArthur
District Court of Appeal of Florida
Decided October 5, 1971No. 71-10PublishedCited by 6 opinions
1Opinion of the Court
PEARSON, Judge.
The controlling question upon this appeal is whether a contract which is either a contract of indemnity against loss or a contract of indemnity against liability is breached (1) by a judgment against the promisee, or (2) by the payment of the judgment by the promisee. The question arises in the following manner.
The appellees, John D. MacArthur and Bankers Life and Casualty Company purchased land and construction thereon and in progress from the appellants, Julius Gaines and Gaines Construction Co. As a part of the consideration for the sale the appellants received from the…
2Cases cited5 opinions
- Sorensen v. the Overland CorporationDistrict Court, D. Delaware · 1956
- Charles E. Sorensen v. The Overland CorporationCourt of Appeals for the Third Circuit · 1957
- Solary v. WebsterSupreme Court of Florida · 1895
- Watson v. PoeDistrict Court of Appeal of Florida · 1967
- O'Connor v. Ætna Life InsuranceNebraska Supreme Court · 1903
3Cited by6 opinions
- Jorge E. Arriaga v. Florida Pacific Farms, L.L.C.Court of Appeals for the Eleventh Circuit · 2002
- MacArthur v. GainesDistrict Court of Appeal of Florida · 1973
- Kaklamanos v. Allstate Ins. Co.District Court of Appeal of Florida · 2001
- Classic Concepts, Inc. v. PolandDistrict Court of Appeal of Florida · 1990
- Burgess v. Allstate Indemnity Co.District Court of Appeal of Florida · 2002
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