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AMERICAN FIDELITY CO. v. CRAY

No. 5155.

105 N.H. 132 (1963)

AMERICAN FIDELITY COMPANY v. EUGENE P. CRAY & a.

Supreme Court of New Hampshire.

Decided November 5, 1963.

Attorney(s) appearing for the Case

Wiggin, Nourie, Sundeen, Nassikas & Pingree and T. William Bigelow (Mr. Bigelow orally), for the plaintiff.

Bell & Bell and Peter S. Espiefs (Mr. Espiefs orally), for the defendants, Eugene P. Cray and Paul Cray d/b/a Cray Oil Company.

William Maynard, Attorney General, and Alexander J. Kalinski, Assistant Attorney General, for the State of New Hampshire, furnished no brief.

Francis G. Moulton for Kenneth E. Curran, Inc., furnished no brief.

LAMPRON, J.

RSA 447:16 provides in part that officers who contract in behalf of the State for the construction of public highways shall "obtain as a condition precedent to the execution of the contract, sufficient security by bond or otherwise . . . conditioned upon the payment by the contractors and subcontractors for all labor performed or furnished . . . for all material used and for fuels, lubricants . . . and supplies purchased by said principal and used in carrying...

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