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H. W. MOORE EQUIP. CO. v. AMERICAN SURETY CO. OF N. Y.

No. 17705.

292 P.2d 744 (1956)

H. W. MOORE EQUIPMENT COMPANY, a corporation, Plaintiff in Error, v. AMERICAN SURETY COMPANY OF NEW YORK, a corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 14, 1956.

Attorney(s) appearing for the Case

Davis & Lutz, Harold Potashnik, Denver, for plaintiff in error.

McComb, Zarlengo & Mott, Denver, for defendant in error.

ALTER, Chief Justice.

H. W. Moore Equipment Company brought this action against the American Surety Company of New York to recover a judgment in the sum of $6,192.57 plus interest and costs allegedly due plaintiff under a surety bond issued by defendant to Harris Constructors, Inc. Trial was had to the court which entered a judgment of dismissal. Plaintiffs are here by writ of error seeking a reversal of the judgment.

The parties will be referred to as plaintiff...

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