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BRISTOW v. WESTERN SURETY COMPANY

No. 9579.

78 N.W.2d 734 (1956)

W. Lloyd BRISTOW, Plaintiff and Respondent, v. WESTERN SURETY COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied November 21, 1956.

Attorney(s) appearing for the Case

Kirby, Simons, McDonnell & Kirby, Blaine Simons, Sioux Falls, Harold P. Gilchrist, Kadoka, for defendant and appellant.

M. Q. Sharpe, John W. Larson, Kennebec, John Coupland, Valentine, Neb., for plaintiff and respondent.

RENTTO, Judge.

This is an action on a bond executed by the defendant company as surety. Mike Slater, principal in the bond, had entered into a contract with the plaintiff to build him a residence. The Farmers Home Administration, an agency of the United States Department of Agriculture, loaned the plaintiff money for this purpose. On the premise that the contractor, the principal in the bond, did not perform or fulfill all...

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