ROBERT F. SIMMONS CONST. CO. v. AMERICAN STATES INS. CO.


426 S.W.2d 441 (1968)

ROBERT F. SIMMONS CONSTRUCTION COMPANY, Inc., Appellant, v. The AMERICAN STATES INSURANCE COMPANY, and National Union Fire Insurance Company of Pennsylvania, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 3, 1968.


Attorney(s) appearing for the Case

Wilbur Fields, Louisville, for appellant.

Lively M. Wilson and Robert G. Breetz, Stites, Peabody & Helm, Robert C. Hobson and Kenneth L. Anderson, Woodward, Hobson & Fulton, Louisville, for appellees.


CULLEN, Commissioner.

This is the third time we have had before us an appeal in this litigation, which involves questions of liability as between the principal contractor on a building job, the surety on his bond, and the surety on a subcontractor's bond, for a default of the subcontractor in paying for materials. The two previous cases were Robert Simmons Construction Co. v. Powers Regulator Co., Ky., 390 S.W.2d 901, and Robert...

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