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STATE v. AMERICAN SURETY COMPANY OF NEW YORK

No. 8173.

285 P.2d 1056 (1955)

STATE of Idaho, for the use and benefit of MOSCOW CONCRETE, Inc., a corporation, Plaintiff, and Moscow Concrete, Inc., a corporation, Cross-Defendant, Respondent, v. AMERICAN SURETY COMPANY OF NEW YORK, a corporation, and Commercial Builders, Inc., a corporation, Defendants, and Commercial Builders, Inc., a corporation, Cross-Plaintiff, Appellants.

Supreme Court of Idaho.

July 7, 1955.

Attorney(s) appearing for the Case

Robert W. Peterson, Moscow, Claude K. Irwin, Pullman, Wash., for appellants.

Estes & Felton, Moscow, for respondent.

SMITH, Justice.

Respondent commenced this action in quantum meruit for the recovery of $2,022.96, alleged balance of the reasonable value of materials furnished during 1951 to appellant, which had contracted the construction of a public building, and its surety which had furnished the public works bond, and for attorneys fees and interest, as provided by I.C. § 45-502. The trial court entered judgment in favor of respondent against appellant and its surety in...

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