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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