ROBSON v. UNITED PACIFIC INSURANCE COMPANY

No. 50837.

391 S.W.2d 855 (1965)

Vern ROBSON, an Individual, doing business as Sac City Construction Company, and Sac City State Bank, Assignee, Respondents, v. UNITED PACIFIC INSURANCE COMPANY, an Insurance Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied July 12, 1965.


Attorney(s) appearing for the Case

Wm. F. Milligan, Glenn E. McCann, Kansas City, Thomas L. McCullough, Sac City, for respondents.

Lucian Lane, Tucker, Murphy, Wilson, Lane & Kelly, Kansas City, for appellant.


Motion for Rehearing or for Transfer to Court En Banc Denied July 12, 1965.

EAGER, Presiding Judge.

This is a suit by a subcontractor and his assignee upon a performance and payment bond furnished to cover labor and materials on a government project. The defense is that the subcontractor did not properly perform his contract and is not entitled to the balance allegedly due. Plaintiff-assignee recovered judgment, in a trial without a jury, for $15,754.23 and...

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