BURKE, Chief Justice.
In this case the First National Bank of Minot sought to recover from A & A Contractors, Inc., and the MacDonald Construction Company, a balance of $40,000.00 alleged to be due the Bank upon an indebtedness of A & A.
Judgment was entered by default in favor of the Bank against A & A. The issues arising upon the Bank's claim against MacDonald were tried to the court without a
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