TRAYLOR BROS., INC. v. INDIANA EQUIPMENT CO.


336 S.W.2d 590 (1960)

TRAYLOR BROS., INC., et al., Appellants, v. INDIANA EQUIPMENT CO., Inc., et al., Appellees.

Court of Appeals of Kentucky.

June 24, 1960.


Attorney(s) appearing for the Case

John E. Early, Evansville, Ind., R. Vincent Goodlett, of Hazelrigg & Cox, Frankfort, for appellants.

Charles L. Whistler, of Baker & Daniels, Indianapolis, Ind., E. Gaines Davis, Jr., of Smith, Reed & Leary, Hafford E. Hay, Frankfort, for appellees.


CULLEN, Commissioner.

Traylor Bros., Inc., was a prime contractor for grade and drain work on the Kentucky Turnpike Project. Indemnity Insurance Company of North America was surety on Traylor's performance bond, which bond was conditioned among other things for payment of "all claims for labor, materials and supplies furnished for use in connection with the construction and improvement of said road." Traylor subcontracted part of the work to Paul A. Teegarden, Inc...

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