NATIONAL SURETY CORPORATION v. ALLEN-CODELL CO.

No. 307.

70 F.Supp. 189 (1947)

NATIONAL SURETY CORPORATION v. ALLEN-CODELL CO. et al.

District Court, E. D. Kentucky.

February 26, 1947.


Attorney(s) appearing for the Case

Leslie W. Morris and Marion Rider, both of Frankfort, Ky., and Booth and Booth and Percy N. Booth, all of Louisville, Ky., for plaintiff.

B. R. Jouett and D. L. Pendleton, both of Winchester, Ky., for defendants.


FORD, District Judge.

This case presents the question whether the surety upon bond of a contractor for public work, after completing the contract of the defaulting contractor, is entitled to recover from a subcontractor the cost of that part of the work covered by the sub-contract which the subcontractor failed to perform.

On April 23, 1941, Robert Gwinn entered into a contract with the Department of Highways of the State of Kentucky to furnish and deliver...

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