Terrain Enterprises, Inc. v. The Western Casualty and Surety Company
Court of Appeals for the Fifth Circuit
1Opinion of the Court
OPINION
CLARK, Chief Judge.
The Western Casualty and Surety Company appeals a jury verdict against them in a tortious breach of contract suit brought by Terrain Enterprises, Inc. We reverse.
Terrain entered into a contract with U-Con on April 4, 1979. U-Con was to prepare street and sewer connections for a subdivision being developed by Terrain. Western was the surety on the project. U-Con defaulted on its contract with Terrain in early 1980. Western was not informed of this default until July 1980.
Upon notification Western hired an adjustor and an engineer to determine what completion costs…
2Cases cited12 opinions
- Blue Cross & Blue Shield of Miss. v. CampbellMississippi Supreme Court · 1984
- Hennessy v. BaconSupreme Court of the United States · 1890
- McPherson v. McLendonMississippi Supreme Court · 1969
- Morris M. Glazer v. J. C. Bradford and Company, a Partnership, J. C. Bradford and Company, Inc.Court of Appeals for the Fifth Circuit · 1980
- Great Atlantic & Pacific Tea Co. v. MajureMississippi Supreme Court · 1936
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3Cited by28 opinions
- Terrain Enterprises, Inc. v. MockbeeMississippi Supreme Court · 1995
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- Emma Anderson v. Flexel, Inc.Court of Appeals for the Seventh Circuit · 1995
- Capital Dredge and Dock Corporation, an Ohio Corporation v. City of Detroit, a Municipal CorporationCourt of Appeals for the Sixth Circuit · 1986
- Northrop Grumman Ship Systems, Inc. v. Ministry of Defense of the Republic of VenezuelaCourt of Appeals for the Fifth Circuit · 2009
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