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B. SWEETSER CONSTRUCTION CO. v. NEWMAN BROTHERS, INC.

No. 5-3046.

371 S.W.2d 515 (1963)

B. SWEETSER CONSTRUCTION COMPANY and U. S. F. & G. Co., Appellants, v. NEWMAN BROTHERS, INC., Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 4, 1963.

Attorney(s) appearing for the Case

Franklin Wilder, Ft. Smith, E. J. Ball, Fayetteville, for appellants.

Greenhaw & Greenhaw, Pearson & Pearson, Fayetteville, for appellee.

WARD, Justice.

In May 1960 the University of Arkansas entered into a written contract with B. Sweetser Construction Company (hereafter referred to as prime contractor) for the erection of a men's residence hall at Fayetteville, the total contract price being $1,426,363. The United States Fidelity and Guaranty Company (hereafter referred to as surety) executed a bond, pursuant to Ark. Stat.Ann. §§ 51-632 and 51-635 (Supp. 1961), conditioned that the prime...

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