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ARC ELEC. CO. v. ESSLINGER-LEFLER, INC.

No. 2 CA-Civ 2912.

121 Ariz. 501 (1979)

591 P.2d 989

ARC ELECTRIC COMPANY, INC., Plaintiff-Appellant, v. ESSLINGER-LEFLER, INC., an Arizona Corporation, dba DEFCO, and Leatherby Insurance Company, a New York Corporation, and Fireman's Fund Insurance Company, a California Corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 20, 1979.

Review Denied March 6, 1979.

Attorney(s) appearing for the Case

Ray C. Brown, Tucson, for plaintiff-appellant.

Goldstein, Flynn & Mason, Ltd. by Philip T. Goldstein and Thomas C. Mason, Phoenix, for defendants-appellees.

OPINION

HATHAWAY, Judge.

Appellant (subcontractor) brought a breach of contract action for approximately $31,000 against, inter alia, appellees DEFCO (contractor) and Leatherby Insurance Company (surety), which provided a Labor and Material Payment Bond. The trial court dismissed the claim against surety and awarded approximately $3,400 on the claim against contractor. Subcontractor appeals.

Contractor accepted subcontractor's bid of $117,000 to do...

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