202 F. 483 | 2d Cir. | 1913
(after stating the facts as above).
A principal is bound to indemnify his surety against loss without any express agreement and the indemnity agreement in this case .adds little to the common law obligation, except in so far as relates to the establishment of liability. An agreement of this nature is one which a surety company would naturally expect to receive and which a contracting company would naturally expect to give. Such an agreement requires only general language. One might well be drawn to cover any bonds- which a surety company should give for a contractor. We think that it was altogether too narrow a ruling to reject the agreement in question as void for uncertainty, and that there was error in excluding the proof offered as to the first cause of action. '
There was error in directing a verdict for the defendant upon the second cause of action.
The judgment of the District Court is reversed.