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ALLSOP LUMBER CO. v. CONTINENTAL CASUALTY CO.

No. 7259.

385 P.2d 625 (1963)

73 N.M. 64

ALLSOP LUMBER COMPANY, Inc., a corporation, Plaintiff-Appellee and Cross-appellant, United States of America, Housing V, Inc., and Housing VI, Inc., for the Use and Benefit of Allsop Lumber Company, Inc., a corporation, Plaintiffs-Appellees, v. CONTINENTAL CASUALTY COMPANY, D & L Construction Co. & Associates, a joint venture, and D & L Construction Co., a corporation, and Louis Lesser Enterprises, Ltd., and Lesser Industrial Properties, Ltd., limited partnerships, and the individual members thereof, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

October 7, 1963.

Attorney(s) appearing for the Case

Kool & Kool, Albuquerque, Rafter & Biersmith, Kansas City, Mo., for appellants.

J.D. Weir, J.R. Crouch, Las Cruces, Frank J. Gaffney, Pittsburgh, Pa., for appellees.

MOISE, Justice.

The appellants are D & L Construction Co. & Associates, the "eligible builder," hereinafter referred to as "D & L" and Continental Casualty Company, the bonding company surety on the payment bond given to guarantee payment for labor and materials furnished in connection with construction of housing at White Sands Missile Range, pursuant to a contract entered into under authority of the Capehart Act (August 11, 1955, c. 783, Title IV, &...

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