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BAKER v. WESTERN CASUALTY & SURETY CO.

No. 44,354

196 Kan. 345 (1966)

411 P.2d 711

G.W. BAKER, d/b/a G.W. BAKER CONSTRUCTION COMPANY, Appellee, v. THE WESTERN CASUALTY AND SURETY COMPANY, a Corporation, and BOWEN CONSTRUCTION COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed March 5, 1966.

Attorney(s) appearing for the Case

Blake A. Williamson, of Kansas City, argued the cause, and Harry E. Crosswhite, of Holton, and Charles W. Medley, of Kansas City, Missouri, were with him on the briefs for the appellants.

William Hergenreter, of Topeka, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in an action for damages for the alleged breach of a contract.

There is no substantial dispute as to the basic facts.

Inasmuch as the Bowen Construction Company is the principal party and the Western Casualty Company is an insurer raising no separate issues, it will save confusion if we treat the Bowen Construction Company as the only defendant and appellant...

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