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HONOLULU ROOFING COMPANY v. FELIX

No. 4481.

426 P.2d 298 (1967)

HONOLULU ROOFING COMPANY, Ltd., Plaintiff, v. Albert M. FELIX and Irene P. Felix, Owners, Defendants and Cross-Claimants, and Edward M. Kirk, Contractor, and Shuman Lumber & Supply Co., Inc., a Hawaii Corporation, Surety, Defendants.

Supreme Court of Hawaii.

March 28, 1967.

Attorney(s) appearing for the Case

Abe Kazuhisa, Hilo, for Shuman Lumber & Supply Co., defendant-appellant.

L. N. Nevels, Jr., Hilo (Nevels & Chang, Hilo, of counsel), for Albert M. Felix and Irene P. Felix, defendants and cross-claimants-appellees.

James Wohl, Honolulu (W. Lawrence Clapp, Honolulu, on the brief, Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for plaintiff-appellee.

Before RICHARDSON, C. J., and CASSIDY, WIRTZ, LEWIS and MIZUHA, JJ.

LEWIS, Justice.

By this appeal, taken by defendant Shuman Lumber & Supply Co., Inc., surety on a contractor's bond, hereinafter referred to as "surety" or "Shuman," the surety (1) contests its liability to plaintiff, Honolulu Roofing Company, Ltd., which supplied materials and labor for sanding of floors, floor covering, and ceramic tile work in the construction of a residence for Albert M. Felix and his wife, hereinafter referred to as the "owners"; and (2) contests...

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