Ralph E. Long T/a Ralph E. Long & Son v. Vlasic Food Products Company, a Michigan Corporation

WINTER, Circuit Judge:

In a suit by an agent to obtain indemnity from his principal for amounts expended by him in settlement of a claim arising out of the performance of his duties as an agent, the district judge ruled that the agent was not required to prove his liability to the claimant as a condition precedent to recovery from his principal. The district judge impliedly ruled also that, on the facts of the case, the agent had made a sufficient tender to his principal of the defense of the suit against him to sustain his right to indemnity. From a judgment in favor of the agent, in the…