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WHAYNE SUPPLY CO. v. MORGAN CONSTRUCTION CO.

440 S.W.2d 779 (1969)

WHAYNE SUPPLY COMPANY, Inc., Appellant, v. MORGAN CONSTRUCTION COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 9, 1969.

Attorney(s) appearing for the Case

T. Kennedy Helm, Jr., Stites, Peabody & Helm, Louisville, for appellant.

E. Gaines Davis, Jr., Smith, Reed, Yessin & Davis, Frankfort, Milburn C. Keith, Keith & Kirkham, Hopkinsville, for appellee.

MONTGOMERY, Chief Justice.

Whayne Supply Company, Inc., appeals from a judgment in favor of Morgan Construction Company, Inc., under which it was held that: (1) Morgan was not indebted to Whayne for equipment rentals under Morgan's contract and bond with the Kentucky Department of Highways; (2) Morgan was not indebted to Whayne under the assignment of April 7, 1964, in any amount that exceeded Midwest Company, Inc.'s earnings under a subcontract with Morgan; (3) Whayne...

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