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L & W CONSTRUCTION COMPANY v. KINSER

No. 49700.

99 N.W.2d 276 (1959)

L & W CONSTRUCTION COMPANY, Inc., Appellee, v. Leo KINSER and Richard E. Morris, d/b/a Kinser and Morris Construction Company and the Employers Mutual Casualty Company of Des Moines, Iowa, Appellants.

Supreme Court of Iowa.

November 17, 1959.

Attorney(s) appearing for the Case

Stuart & Stuart, Chariton, for appellee and cross-appellant.

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellant and cross-appellee Employers Mut. Cas. Co.

GARRETT, Justice.

This is an action at law by L & W Construction Company, a corporation, sub-contractor, against Kinser and Morris, a partnership, principal contractor, and Employers Mutual Casualty Company, a corporation, surety on the principal contractor's bond, for money due for materials furnished Kinser and Morris by L & W Construction Company.

On August 11, 1955 Kinser and Morris entered into a contract with the Iowa State Conservation Commission...

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