Hamill v. Maryland Cas. Co.

MURRAH, Circuit Judge.

This is an appeal from a judgment of the District Court of New Mexico in favor of appellee, Maryland Casualty Company, on a contract between appellant, Don Hamill and the Gunnell Construction Company.

The pertinent facts are briefly to the effect that the Gunnells were engaged in the general construction business. Appellant, Hamill, was a merchant in Las Cruces, New Mexico. To stabilize their financial condition by providing necessary working capital pending completion and final acceptance of construction projects, the Gunnells prevailed upon Hamill to enter into a…