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STATE EX REL. STATE ELECTRIC SUPPLY CO. v. McBRIDE

No. 8485.

444 P.2d 978 (1968)

79 N.M. 467

STATE of New Mexico, ex rel. STATE ELECTRIC SUPPLY COMPANY, Inc., a corporation, Plaintiff-Appellant, v. H.R. McBride, d/b/a H.R. McBride CONSTRUCTION COMPANY AND UNITED STATES FIDELITY AND GUARANTY COMPANY, A corporation, Defendants-Appellees.

Supreme Court of New Mexico.

September 9, 1968.

Attorney(s) appearing for the Case

Burr & Cooley, Farmington, for appellant.

Stephenson, Campbell & Olmsted, Santa Fe, Palmer & Frost, Farmington, for appellees.

OPINION

CHAVEZ, Chief Justice.

Plaintiff-appellant State Electric Supply Company, Inc., a corporation, hereinafter referred to as "Electric," brought suit on a general contractor's payment bond under § 6-6-12, N.M.S.A., 1953 Comp., for use in the construction of an annex to the science building of the Farmington High School. The case was tried to the court sitting without a jury, who denied use plaintiff Electric recovery on the ground that it had failed...

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