Massachusetts Bonding & Insurance v. Osborne

BRAY, J. *

Plaintiff appeals from judgment, without a jury, in favor of defendants Walter L. Osborne and Doris H. Osborne, in an action for reimbursement against indemnitors on materialmen’s and performance bonds.

Questions Presented

I. Was defendant Doris H. Osborne liable as an indemnitor?

II. Did plaintiff breach its duty to mitigate damages and not to increase indemnitors’ obligations?

Record

Plaintiff brought this action against Walter L. Osborne, Doris H. Osborne, John S. Bowie and Virginia Lee Bowie, individually, but not against the Osborne-Bowie partnership. The relief sought was…