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STATE v. FIREMAN'S FUND INDEMNITY COMPANY

No. 6600.

355 P.2d 291 (1960)

67 N.M. 360

STATE of New Mexico ex rel. V.S. GARY, d/b/a Gary Electric, Plaintiff-Appellee, v. FIREMAN'S FUND INDEMNITY COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

September 13, 1960.

Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, Albuquerque, for appellant.

C.N. Morris, Eunice, for appellee.

MOISE, Justice.

This is an action to recover for materials and services furnished in connection with repairing and replacing certain electrical work in a school building at Eunice, New Mexico, constructed by Denton & Griggs, Contractors. Defendant executed its performance bond as surety for the contractor on the job. The contractor has become bankrupt.

After the job had been completed and accepted on or about April 20, 1956, the School District went into...

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