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MAHONEY, INC. v. GALOKEE CORPORATION

No. 47,273

214 Kan. 754 (1974)

522 P.2d 428

JIM MAHONEY, INC., Appellant, v. THE GALOKEE CORPORATION, Appellee, and MID-CONTINENT CASUALTY CO., Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

John B. Towner, of Weir, Angwin & Towner, of Pittsburg, argued the cause and was on the brief for the appellants.

Paul Wunsch, of Wunsch, Wunsch & Gaumer, of Kingman, argued the cause, and James G. Shaw, now deceased, was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The appellant Jim Mahoney, Inc., contracted to build a 64-bed nursing home at Galena, Kansas, under a standard form contract with the appellee, The Galokee Corporation. The contract sum for completion of the project was $179,500.00. The appellant Mid-Continent Casualty Co. furnished the performance bond for the contractor. Construction of the building was begun in February and continued to mid-November...

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