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KINNEY ELECTRICAL MFG. CO. v. MODERN ELECTRIC CO.

Civ. No. 8383.

149 N.W.2d 69 (1967)

KINNEY ELECTRICAL MANUFACTURING COMPANY, a Corporation, Plaintiff and Appellant, v. MODERN ELECTRIC COMPANY, Inc., and the Fidelity and Casualty Company of New York, Defendants and Respondents.

Supreme Court of North Dakota.

March 2, 1967.

Attorney(s) appearing for the Case

Whittlesey, Pancratz & Wold, Fargo, for plaintiff and appellant.

Stiening, Olson, Thysell & Gjevre, Moorhead, Minn., and Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendants and respondents.

STRUTZ, Judge.

The defendant Modern Electric Company, Inc., hereinafter referred to as "Modern," was the contractor for installation of electrical work in North High School of Fargo. As required by law, the defendant Modern furnished a contractor's bond, with the defendant The Fidelity and Casualty Company of New York as surety. This bond provided, among other things, that Modern would fully and faithfully perform all of the terms, conditions, and provisions of the...

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