R.C. WALTERS COMPANY, INC. v. DeBOWER

No. 39203.

216 N.W.2d 515 (1974)

191 Neb. 544

R. C. WALTERS COMPANY, INC., a corporation, Appellee, v. Ernest E. DeBOWER et al., Defendants and Third Party Plaintiffs, Appellees. Impleaded with COLFAX COUNTY, Appellant, v. TRAVELERS INDEMNITY COMPANY, Third Party Defendant, Appellee.

Supreme Court of Nebraska.

March 28, 1974.


Attorney(s) appearing for the Case

A. C. Sidner, Sidner, Svoboda, Schilke & Wiseman, Fremont, for appellant.

Crosby, Pansing & Guenzel, Theodore L. Kessner, Lincoln, for R. C. Walters Co., Inc.

Peterson, Bowman, Coffman & Larsen, Kirk E. Naylor, Jr., Lincoln, for Travelers Indemnity Co.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and BUCKLEY, District Judge.


NEWTON, Justice.

This is an action in which the County of Colfax, Nebraska, seeks to recover from the Travelers Indemnity Company on a performance bond guaranteeing performance by R. C. Walters Company of a contract to reappraise property in Colfax County for taxation purposes. A judgment was entered for the Travelers Indemnity Company which we affirm.

The bond contained the following provision: "PROVIDED, HOWEVER, IT shall be a condition precedent to any...

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