MARYLAND CASUALTY CO. v. SEIDENBACH

No. 2507.

133 F.2d 573 (1942)

MARYLAND CASUALTY CO. v. SEIDENBACH.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 30, 1942.

Second Petition for Rehearing Denied March 17, 1943.


Attorney(s) appearing for the Case

Coleman Hayes, of Oklahoma City, Okl. (Ames, Monnet, Hayes & Brown, of Oklahoma City, Okl., on the brief), for appellant.

John Barry, of Oklahoma City, Okl. (Samuel A. Boorstin, of Tulsa, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

On August 26, 1926, J. L. Seidenbach entered into a contract with J. W. Wilson for the construction of a building in Tulsa, Oklahoma, under which Wilson agreed to furnish all the materials and labor used in the performance of the contract. Wilson defaulted on his contract and Seidenbach took over the construction of the building and completed it.

Consolidated Cut Stone Company1 contracted with Wilson to...

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