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WILLEY v. TERRY & WRIGHT OF KENTUCKY, INC.

421 S.W.2d 362 (1967)

Garner D. WILLEY, d/b/a Willey Engineering Company, Appellant, v. TERRY & WRIGHT OF KENTUCKY, INC., and Globe Indemnity Company, Appellees. GLOBE INDEMNITY COMPANY, Appellant, v. TERRY & WRIGHT OF KENTUCKY, INC., Appellee.

Court of Appeals of Kentucky.

November 24, 1967.

Attorney(s) appearing for the Case

Morris B. Borowitz, Louisville, for appellant Garner D. Willey d/b/a Willey Engineering Co.

John P. Sandidge, Woodward, Hobson & Fulton, Louisville, for appellee, Terry & Wright of Kentucky, Inc.

Armer H. Mahan, Davis & Mahan, Louisville, for appellant-appellee, Globe Indemnity Co.

CULLEN, Commissioner.

Terry & Wright of Kentucky, Inc., which was the principal contractor on a sewer construction project, recovered a judgment for $9,124.21 against Garner D. Willey, d/b/a Willey Engineering Company, who was a subcontractor on the project, and against Globe Indemnity Company, which was surety on Willey's performance bond. Willey and Globe Indemnity Company have appealed.

A motion to dismiss the appeals, which was passed to the merits...

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