Lander v. Phoenix Indemnity Co.

TIREY, Justice.

Appellee grounded its cause of action on a contract of suretyship evidenced by a contract between appellee and appellant whereby appellee bound itself to be surety on appellant’s bond for certain construction work to be done in Louisiana and known as contract No. 4619. The controlling factual situation does not yield to a simple statement. At the conclusion of the evidence appellee presented its motion for instructed verdict, which was overruled; thereafter the Court submitted two issues to the jury:

“(1) Do you find from a preponderance of the evidence that the plaintiff,…