Manufacturers Casualty Insurance Company v. Martin-Lebreton Insurance Agency

HUTCHESON, Chief Judge.

Appealing from a summary judgment dismissing, for the reasons stated in the *952opinion,1 its action to recover damages for loss caused by the unauthorized act of the agent in executing a building performance bond, plaintiff is here insisting that the judgment should be reversed because the case was not one for summary judgment but for trial, and because, if the ease was one for summary judgment, 'the judgment should have been for plaintiff.

The facts 2 insofar as shown, are simple. The law is equally so.

The district judge, stating: “The defendant agency admits that the bond…