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FERRY v. OHIO FARMERS INS. CO.

Docket No. 6902.

211 Cal.App.2d 651 (1963)

27 Cal. Rptr. 471

JOHN M. FERRY et al., Plaintiffs and Appellants, v. OHIO FARMERS INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District.

January 9, 1963.

Attorney(s) appearing for the Case

Sullivan, Sullivan & Fox and Edmond M. Sullivan for Plaintiffs and Appellants.

Burch, Gregory & Platt and R. Sherman Platt for Defendant and Respondent.

COUGHLIN, J.

[1a] This is an action by a materialman against a surety on a contractor's bond to recover the alleged unpaid portion of an indebtedness for materials furnished at the request of the contractor. The case was heard upon a stipulation of facts, from which it appears that a contractor named Posey agreed to do certain construction work upon property owned by a corporation named C.E. Morris, Inc.; in connection therewith, the defendant insurance...

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