WINTER, Circuit Judge:
In a suit by an agent to obtain indemnity from his principal for amounts expended by him in settlement of a claim arising out of the performance of his duties as an agent, the district judge ruled that the agent was not required to prove his liability to the claimant as a condition precedent to recovery from his principal. The district judge impliedly ruled also that, on the facts of the case, the agent had made a sufficient tender to his principal...
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