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TRINITY UNIVERSAL INSURANCE COMPANY v. GOULD

Nos. 5782, 5783.

258 F.2d 883 (1958)

The TRINITY UNIVERSAL INSURANCE COMPANY, a corporation, Appellant, v. James G. GOULD, Appellee. James G. GOULD, Cross-Appellant, v. The TRINITY UNIVERSAL INSURANCE COMPANY, a corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 15, 1958.

Attorney(s) appearing for the Case

Gerrit H. Wormhoudt, Wichita, Kan. (Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky and Donald R. Newkirk, Wichita, Kan., were with him on the brief), for appellant and cross-appellee.

Arthur N. Turner, Newton, Kan., and William P. Thompson, Wichita, Kan. (C. Fred Ice, Newton, Kan., A. W. Hershberger, Richard Jones and H. E. Jones, Wichita, Kan., were with them on the brief), for appellee and cross-appellant.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

Rehearing Denied (No. 5782) September 15, 1958.

MURRAH, Circuit Judge.

Appellee Gould brought this diversity suit against appellant, Trinity Universal Insurance Company, to enforce the penalty on its surety bond for the performance of a contract between Gould and Abney for the construction of Gould's dwelling. Trinity asserted a material alteration of the construction contract which worked a breach and discharge of the bonded obligation. This appeal is from...

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