Maine Bonding & Casualty Co. v. Foundation Constructors, Inc.

Petition for declaratory judgment to interpret a bond. The issues presently before us are stated in the reserved case as follows:

“This matter was originally transferred without ruling as to the obligation of Maine Bonding & Casualty Company to satisfy the claims of sub-contractors who have no lien on the property and to whom Eastern Development Corp. is not obligated. This question involved a determination whether the bond in question was an indemnity or a performance (payment) bond. At the hearing before the prior transfer, the Court, after admitting parol evidence as a procedural device to…