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LEIDIGH & HAVENS LUMBER CO. v. BOLLINGER

No. 43,781

193 Kan. 600 (1964)

396 P.2d 320

THE LEIDIGH & HAVENS LUMBER CO., d/b/a KANSAS LUMBER COMPANY, Appellant, v. BERTHA E. BOLLINGER, Executor of the Estate of Wayne Bollinger, Deceased, and HARTFORD ACCIDENT AND INDEMNITY CO., Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

Roscoe W. Graves, of Emporia, argued the cause and was on the briefs for appellant.

Elvin D. Perkins, of Emporia, argued the cause, and Everett E. Steerman, of Emporia, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

The state of Kansas undertook to construct a public building known as the Thomas W. Butcher School on the campus at Kansas State Teachers College, at Emporia. To that end, a general contract was let to Wayne Bollinger in the amount of $356,210. Bollinger, as general contractor, sublet the painting of the building to Jess Bair under a written, unsigned estimate in the total amount of $7,678.

Bair...

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