WESTERN CAS. & SUR. v. STRIBLING BROS.

No. 42254.

244 Miss. 12 (1962)

139 So.2d 838

THE WESTERN CASUALTY & SURETY COMPANY v. STRIBLING BROS. MACHINERY CO., et al.

Supreme Court of Mississippi.

April 16, 1962.


Attorney(s) appearing for the Case

Cox, Dunn & Clark, Jackson, for appellants.

Butler, Snow, O'Mara, Stevens & Cannada, George H. Butler, Roger C. Landrum, Jackson; Henry & Barbour, Herman B. Decell, Yazoo City, for appellees, Stribling Bros. Machinery Company, et al.

Wise, Smith & Carter, W. Swan Yerger, Jackson, for appellees, Southern States Equipment Company, Inc., et al.

Carter & Mitchell, Sam E. Scott, Jackson, for appellees, Cecil W. Thigpen, et al.

John C. Sullivan, Jackson, for appellee, Equipment Inc.

Lipscomb & Barksdale, Jackson, for appellee, Capital Welding & Supply Company.

Creekmore & Beacham, Jackson, for appellee, Southern Equipment & Tractor Company.

F. Kent Stribling, Jackson, for appellee, Turner Supply Company.


GILLESPIE, J.

The contractor, P. & W. Inc., entered into a contract with the owner, United Gas Pipeline Company, for the construction of new natural gas pipelines and the removal of old lines in Jones County, Mississippi, and in Mobile County, Alabama.

Article I of said contract provides, in part, as follows:

"Contractor agrees at its own sole cost and expense to perform all of the labor and services, to furnish such materials as Owner may require...

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