American Druggists' Insurance v. Brownlee

FINDINGS OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION

WOODS, District Judge.

Plaintiff seeks recovery against defendants on an indemnity agreement executed by them in conjunction with the issuance of performance and labor and material payment bonds issued by plaintiff and set out more particularly hereinafter. The parties have entered into a comprehensive stipulation of facts and have agreed that these facts are the controlling facts on the issue of enforceability of the underlying surety bonds and the indemnity agreement which plaintiff seeks to enforce. Defendants have reserved the right to a…