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FUQUA HOMES, INC. v. WESTERN SUR. CO.

No. 79CA0805.

616 P.2d 163 (1980)

FUQUA HOMES, INC., a Delaware Corporation, Plaintiff-Appellee, v. WESTERN SURETY COMPANY, a South Dakota Corporation, Defendant-Appellant, and Leon Taylor, Lakewood Mobile Homes Sales, Inc., a Colorado Corporation, Sheridan Savings & Loan Association, a Colorado Corporation, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 22, 1980.

Certiorari Denied August 18, 1980.

Attorney(s) appearing for the Case

Lohf & Barnhill, P. C., Dennis A. Graham, Denver, for plaintiff-appellee.

Treece, Zbar, Schieman, Webb & Hickey, William K. Hickey, James L. Treece, Littleton, for defendant-appellant.

COYTE, Judge.

Defendant, Western Surety Company (Western), appeals the summary judgment entered in favor of plaintiff, Fuqua Homes, Inc., (Fuqua) and against Western in the sum of $15,000 plus interest. We affirm.

Fuqua's claim against Western is based upon a surety bond which Western furnished to Leon E. Taylor and Selma A. Taylor, as motor vehicle dealers, pursuant to "Art. 11, Chapter 13, C.R.S. 1963, as amended." This bond covered the period July 1, 1975...

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