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BSY COMPANY v. FUEL ECONOMY ENGINEERING COMPANY

399 S.W.2d 308 (1965)

BSY COMPANY, Inc., Appellant, v. FUEL ECONOMY ENGINEERING COMPANY, Inc., and Superlor Risk Insurance Company, Inc., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 11, 1966.

Attorney(s) appearing for the Case

Charles C. Adams, Norma B. Adams, Adams & Adams, C. Homer Neikirk, Fritz Krueger, Somerset, for appellant.

John G. Prather, Don E. Cooper, Somerset, Linn J. Firestone, St. Paul, Minn., for appellees.

DAVIS, Commissioner.

BSY Company, Inc., appellant, (hereinafter BSY) seeks to reverse a judgment obtained against it by Fuel Economy Engineering Company, Inc., appellee, (hereinafter Fuel) in a sum slightly in excess of $16,000 for claimed breach of contract. Superior Risk Insurance Company is named as an appellee because it is the corporate surety on Fuel's general contract bond. Before noting the questions raised we shall outline the facts.

Fuel had the...

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