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KAY PHARMACAL CO. v. DALIOUS CONSTRUCTION CO.

No. 36333.

276 P.2d 756 (1954)

KAY PHARMACAL COMPANY, an Oklahoma Corporation, Plaintiff in Error, v. DALIOUS CONSTRUCTION COMPANY, a Co-Partnership, and the Aetna Casualty and Surety Company, Defendants in Error.

Supreme Court of Oklahoma.

November 9, 1954.

Attorney(s) appearing for the Case

Geo. W. Reed, Jr., Harry Seaton, Tulsa, for plaintiff in error.

Gable, Gotwals & Hays, Tulsa, for defendants in error.

JOHNSON, V.C.J.

The parties here occupy the same relative positions as in the trial court and they will be referred to herein as they there appeared.

Plaintiff commenced this action in the Court of Common Pleas of Tulsa County, Oklahoma against the defendants as contractor and performance bondsmen, respectively, to recover the sum of $1,298 with interest and costs allegedly due plaintiff by reason of contractor's...

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