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GREAT AMERICAN INDEMNITY CO. OF NEW YORK v. STATE

No. 5-1942.

328 S.W.2d 504 (1959)

GREAT AMERICAN INDEMNITY COMPANY OF NEW YORK, Appellant, v. STATE of Arkansas ex. rel. ARKANSAS BITUMULS COMPANY, Appellee.

Supreme Court of Arkansas.

November 9, 1959.

Attorney(s) appearing for the Case

Moses, McClellan, Arnold, Owen & McDermott, by Jack Young, Little Rock, for appellant.

Mehaffy, Smith & Williams, by Pat Mehaffy and Robert V. Light, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

In 1957 the State Highway Commission awarded a paving contract to T. F. Scholes of Arkansas, Inc., and the contractor executed a performance bond with the appellant as surety thereon. Ark.Stats.1947, § 76-217. The appellee, Arkansas Bitumuls Company, furnished the contractor with asphalt to be used upon the paving job. The contractor failed to pay the materialman's account, and the appellee brought this action against the contractor...

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