FOSS LEWIS & SONS CONST. CO. v. GENERAL INS. CO. OF AM.

No. 13359.

517 P.2d 539 (1973)

30 Utah 2d 290

FOSS LEWIS & SONS CONSTRUCTION CO., a Utah corporation, Plaintiff and Respondent, v. GENERAL INSURANCE COMPANY OF AMERICA, Defendant and Appellant.

Supreme Court of Utah.

December 17, 1973.


Attorney(s) appearing for the Case

Joseph J. Palmer, of Moyle & Draper, Salt Lake City, for defendant-appellant.

George K. Fadel, Bountiful, for plaintiff-respondent.


ELLETT, Justice:

The defendant was surety for Skyline Construction Company, a prime contractor on a construction job for the State of Utah. The plaintiff was a subcontractor on that job. The bond of the surety provided that defendant would pay all debts of Skyline which Skyline did not pay.

The plaintiff sued on the bond for the unpaid balance due from Skyline and recovered judgment. The defendant appeals, contending that the action was not timely begun.<...

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