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BAYER CONSTRUCTION CO v. WHITE-LAYTON MECH. CONTRACTORS

No. 42,926

190 Kan. 535 (1962)

376 P.2d 930

BAYER CONSTRUCTION COMPANY, INC., Appellee, v. WHITE-LAYTON MECHANICAL CONTRACTORS, INC., and TRINITY UNIVERSAL INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

Robert T. Cornwell, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Willard B. Thompson, and David W. Buxton, all of Wichita, were with him on the briefs for the appellants. Hugo T. Wedell and Homer V. Gooing, of counsel.

Charles D. Green, of Manhattan, argued the cause, and Charles S. Arthur, also of Manhattan, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action on a statutory bond pursuant to G.S. 1949, 60-1413 and 60-1414, by plaintiff (appellee) Bayer Construction Company, Inc., a subcontractor, against defendants (appellants) White-Layton Mechanical Contractors, Inc. and its surety, Trinity Universal Insurance Company, to recover the unpaid balance due on the subcontract.

The case was submitted to the trial court on a written stipulation...

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