Royal Indemnity Co. v. Board of Education

HAYES, District Judge.

The court wrote an opinion in this case at the time it overruled the motion to dismiss the third party complaint and it is not necessary to restate what was said in that opinion. 137 F.Supp. 890.

The facts are not in dispute. The Boyal Indemnity Co. Inc. was a surety for Walter Dempsey on a contract whereby he agreed to furnish the materials and labor to erect school buildings for the Board of Education of Moore County. He induced Boyal Indemnity Co. to go on his bond for faithful performance of his contract including payment for the material and labor in the erection of…