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FLAUGH v. EMPIRE CLAY PRODUCTS, INC.

No. 20749.

402 P.2d 932 (1965)

H. C. FLAUGH, an individual doing business as H. C. Flaugh Construction Company, Plaintiff in Error, v. EMPIRE CLAY PRODUCTS, INC., a Colorado Corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

June 14, 1965.

Attorney(s) appearing for the Case

Milenski & Parga, Cortez, for plaintiff in error.

Robert G. Bailey, Trinidad, for defendant in error.

DAY, Justice.

We will refer to plaintiff in error as Flaugh and to defendant in error as Empire.

Empire commenced an action in debt against Flaugh to collect the sum of $4683.66 "on an account" "for goods sold and delivered" plus interest and costs.

Flaugh was the principal contractor in the construction of a hospital in Durango. Among the subcontractors were Riffle and Dunlap, not parties to the action, who...

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