GENERAL INSURANCE COMPANY OF AMERICA v. HENICH

No. 9596.

13 Utah 2d 231 (1962)

371 P.2d 642

GENERAL INSURANCE COMPANY OF AMERICA, A CORPORATION, PLAINTIFF AND RESPONDENT, v. PAUL J. HENICH, D/B/A P.G. & H. GENERAL CONTRACTORS, ELLEN JANE HENICH, HIS WIFE, DEFENDANTS, MAX S. ANDREWS AND NED E. SHURTLEFF, INDIVIDUALLY AND AS A CO-PARTNERSHIP D/B/A SHURTLEFF & ANDREWS CONSTRUCTION COMPANY, AND SHURTLEFF & ANDREWS, INC., A UTAH CORPORATION, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

May 28, 1962.


Attorney(s) appearing for the Case

Clyde & Mecham, Elliott Lee Pratt, Salt Lake City, for appellants.

Hurd, Bayle & Hurd, Wallace R. Lauchnor, Salt Lake City, for respondent.


CALLISTER, Justice.

This is an action by an insurer against a contractor and his indemnitors for moneys paid under the terms of a performance bond. From a judgment in favor of plaintiff and against the indemnitors the latter appeal.

The facts, as found by the trial judge and disclosed by the record, are as follows:

On December 23, 1959, Paul J. Henich, d/b/a P.G. & H. General Contractors, was awarded a contract to construct a faculty residence...

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