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NEIGHBORS CONSTRUCTION CO. v. SEAL-WELLS CONSTRUCTION

No. 47,894

219 Kan. 382 (1976)

548 P.2d 491

NEIGHBORS CONSTRUCTION COMPANY, INC., Appellee, v. J.R. SEAL-WELLS CONSTRUCTION COMPANY, INC., Appellee, and VALLEY VIEW APARTMENTS, INC., Appellee, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Robert A. Babcock, of Margolin and Kirwan, of Kansas City, Missouri, argued the cause, and John C. Whitaker, of Williamson, Cubbison, Hardy & Hunter, of Kansas City, Kansas, was with him on the brief for the appellant.

Philip C. Lorton, of Kansas City, Kansas, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Suit was initiated in the district court of Wyandotte County, Kansas, by plaintiff Neighbors Construction Company, Inc. (Neighbors), seeking recovery from J.R. Seal-Wells Construction Company, Inc. (Seal-Wells), Valley View Apartments, Inc. (Valley View), and United States Fidelity and Guaranty Company (U.S. Fidelity), for money due and owing on a purchase order contract entered into between Neighbors and...

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