Aetna Casualty & Surety Co. v. Cunningham

224 F.2d 478 (5th Cir. 1955)

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Nature of the Case

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Facts

Aetna (P) sued Cunningham (D) for $32,000.00 and interest because D failed to complete a building contract, on the performance bond for which P had become his surety. P sued for fraud in the making of the contract and indemnity. The district court found D liable under the indemnity agreement but not guilty of fraud. P appealed.