ROBERTSON LBR. CO. v. PROGRESSIVE CONTRACTORS, INC.

Civ. No. 8462.

160 N.W.2d 61 (1968)

The ROBERTSON LUMBER COMPANY, a corporation, Plaintiff and Respondent, v. PROGRESSIVE CONTRACTORS, INC., a corporation, and Defendant, Continental Casualty Company, a corporation and Fidelity and Casualty Company of New York, a corporation, Defendants and Appellants.

Supreme Court of North Dakota.

July 3, 1968.


Attorney(s) appearing for the Case

Degnan, McElroy, Lamb & Camrud, Grand Forks, for appellants.

Shaft, Benson, Shaft & McConn, Grand Forks, for respondent.


TEIGEN, Chief Justice.

The defendant sureties have appealed from the adverse judgment in a Capehart bond suit brought by a materialman who furnished materials on a housing project authorized under the Capehart Housing Act. The case was tried to the court and demand has been made for trial de novo in this Court.

The plaintiff, Robertson Lumber Company, which is the materialman, instituted this suit against Progressive Contractors, Inc., the prime contractor...

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