W.S. DICKEY CLAY MFG. CO. v. FERGUSON INVESTMENT CO.

No. 40272.

388 P.2d 300 (1963)

W.S. DICKEY CLAY MFG. CO., a corporation, Plaintiff in Error, v. FERGUSON INVESTMENT COMPANY, Inc., a corporation, M. S. Ferguson and American-First Title & Trust Company, a corporation, Defendants in Error.

Supreme Court of Oklahoma.

December 31, 1963.


Attorney(s) appearing for the Case

Johnston & Johnston, Oklahoma City, for plaintiff in error.

Barefoot and Moler, by Edward H. Moler, Oklahoma City, for defendants in error.


WILLIAMS, Justice.

The principal question to be determined in this appeal is whether or not a condition in the bond of a developer of a sub-division, required by the city planning commission, to pay for materials and labor furnished, and which condition was not specifically provided for either in the statute or in the ordinance authorizing such commission to accept such bond, is enforceable in suit brought by a lien claimant...

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