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SCHOOL DIST. NO. 65R v. UNIVERSAL SURETY CO., LINCOLN

No. 35880.

135 N.W.2d 232 (1965)

178 Neb. 746

SCHOOL DISTRICT NO. 65R OF LINCOLN COUNTY, Nebraska, a Body Corporate, Appellee, v. UNIVERSAL SURETY COMPANY, LINCOLN, NEBRASKA, a Corporation, Appellant.

Supreme Court of Nebraska.

May 21, 1965.

Attorney(s) appearing for the Case

Maupin, Dent, Kay & Satterfield, C. J. Gatz, Donald E. Girard, Rady A. Johnson, North Platte, for appellant.

Murphy, Pederson & Piccolo, James E. Schneider, North Platte, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

WHITE, Chief Justice.

This is a suit against a surety on a builder's bond. The juncture of a sand and gravel roof deck with the higher outside or parapet wall was defectively constructed and was not in accordance with the specifications. The wall was not high enough above the roof deck. Flashings and counter flashings were not properly installed, were too low, and were not properly covered. The stone coping on top of the wall was not properly mortared and water leaked...

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