MASSACHUSETTS BONDING & INS. CO. v. JOHN R. THOMPSON CO.

No. 10735.

88 F.2d 825 (1937)

MASSACHUSETTS BONDING & INS. CO. v. JOHN R. THOMPSON CO.

Circuit Court of Appeals, Eighth Circuit.

On Motion to Modify Opinion March 30, 1937.


Attorney(s) appearing for the Case

David A. Murphy, of Kansas City, Mo. (John T. Harding, R. C. Tucker and John Murphy, all of Kansas City, Mo., on the brief), for appellant.

Cornelius Roach, Jr., of Kansas City, Mo. (M. W. Borders, Sr., M. W. Borders, Jr., and Dupuy G. Warrick, all of Kansas City, Mo., on the brief), for appellee.

Before STONE, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a judgment for the appellee in an action at law brought to recover upon a bond executed by the appellant to insure the performance of a construction contract.

John T. Peek, on December 8, 1932, contracted with the John R. Thompson Company (hereinafter referred to as the plaintiff) to remodel the first floor and connecting basement of the Sexton Hotel Building in Kansas City, Mo., which premises the plaintiff had...

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