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DIAL v. FREETO CONSTRUCTION CO.

No. 43,216

191 Kan. 401 (1963)

381 P.2d 363

WILLARD DIAL, an Individual Doing Business as Dial's Service Station, Appellee, v. FREETO CONSTRUCTION COMPANY, INC., a Corporation; CENTRAL SURETY AND INSURANCE CORPORATION, a Corporation, Appellants; and HARPER SAND, INC., a Corporation, Defendant.

Supreme Court of Kansas.

Opinion filed May 11, 1963.

Attorney(s) appearing for the Case

Paul L. Wilbert, of Pittsburg, argued the cause, and Randall D. Palmer, E. Carter Botkin and Alois R. Bieber, of Pittsburg, and Donald Muir and W.G. Muir, of Anthony, were with him on the briefs for the appellants.

Max D. Hall, of Anthony, argued the cause, and Martin S. Hall, of Harper, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This was an action filed by plaintiff (appellee) Willard Dial, an individual doing business as Dial's Service Station, against defendant (appellant) Freeto Construction Company, Inc., contractor on a road project in Harper county, and also defendant (appellant) Central Surety and Insurance Corporation which had joined the contractor in the execution of a bond binding...

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