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CRESCENT ELECTRIC SUPPLY COMPANY v. EMPLOYERS MUTUAL CASUALTY COMPANY

No. 9888.

107 N.W.2d 252 (1961)

CRESCENT ELECTRIC SUPPLY COMPANY, Inc., Plaintiff and Respondent, v. EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa, Defendant and Appellant.

Supreme Court of South Dakota.

January 27, 1961.

Attorney(s) appearing for the Case

Roswell Bottum, Rapid City, for defendant and appellant.

Gunderson, Farrar, Carrell & Aldrich, Rapid City, for plaintiff and respondent.

SMITH, Presiding Judge.

Employers Mutual Casualty Company, defendant above named, and hereinafter referred to as surety, delivered its performance bond on behalf of a subcontractor, Kruse Electric Company, to the prime contractor, Broadway Construction Company, in connection with the construction of a school building at Brush, Colorado. During construction plaintiff, Crescent Electric Supply Company of Rapid City, South Dakota, supplied materials to the subcontractor...

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