MURPHREE v. TRINITY UNIVERSAL INS. CO.

No. 39,345

176 Kan. 290 (1954)

269 P.2d 1025

JOSEPH MURPHREE, Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, Appellee, and CARL R. VOTH, doing business as VOTH PLANING MILL, JOY D. ANDERSON, et al., doing business as ANDERSON PAINTERS, and HARRY DOBSON, doing business as HARRY DOBSON COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed May 8, 1954.


Attorney(s) appearing for the Case

J.G. Somers, of Newton, argued the cause, and George A. Robb, of Newton, was with him on the briefs for the appellant, Joseph Murphree. Vernon A. Stroberg, of Newton, argued the cause, and Kenneth G. Speir and Herbert H. Sizemore, both of Newton, were with him on the briefs for the appellant, Carl R. Voth, doing business as Voth Planing Mill. J. Rodney Stone, of Newton, was on the briefs for the appellants, Joy D. Anderson, et al, doing business as Anderson Painters. John P. Flinn, of Wichita, was on the briefs for the appellant, Harry Dobson, doing business as Harry Dobson Company.

Donald R. Newkirk, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This was an action by a subcontractor against the contractor and his corporate surety on what is commonly referred to as a statutory lien bond.

In December, 1950, one Gould and his wife entered into a written contract with one Abney, a contractor, whereby the latter was to construct a home for the Goulds in the city of Newton for the contract price of $25...

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