FIDELITY & CAS. CO. v. COMMONWEALTH EX REL. CHRISTEN


445 S.W.2d 113 (1969)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. COMMONWEALTH of Kentucky, Department of Finance, ex rel. Albert CHRISTEN, Commissioner Gabe Burgett, Jr., and Burgett Construction Company, Inc., Appellees.

Court of Appeals of Kentucky.

September 19, 1969.


Attorney(s) appearing for the Case

Jackson W. White, Landrum, White & Patterson, Lexington, for appellant.

John B. Breckinridge, Atty. Gen., Charles D. Wickliffe, Hunter B. Whitesell, Attys., Dept. of Finance, Frankfort, Arthur L. Brooks, Jr., Lexington, for appellees.


EDWARD P. HILL, Jr., Chief Justice.

Appellee Burgett Construction Company, herein Burgett, contracted with appellee Commonwealth of Kentucky, Department of Finance, herein the Commonwealth, to construct a police barracks at Richmond, Kentucky, for $114,141.19, in compliance with which contract Burgett caused to be executed by appellant Fidelity & Casualty Company of New York a performance bond.

After Burgett defaulted on his contract Fidelity completed...

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