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TRAVELERS INDEM. CO. v. HENDERSON

No. 11862.

618 S.W.2d 728 (1981)

The TRAVELERS INDEMNITY COMPANY, Plaintiff-Respondent, v. William T. HENDERSON and Mary Lee Henderson, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

June 25, 1981.

Attorney(s) appearing for the Case

James W. Gallaher, Jefferson City, for plaintiff-respondent.

Edwin F. Brady, Warsaw, L. R. Magee, Kansas City, for defendants-appellants.

PREWITT, Presiding Judge.

Defendant William T. Henderson contracted to drill a water well for Pittsburg, Kansas. In compliance with the contract he procured a performance bond with plaintiff as the surety. He had difficulty in digging the well and the city, claiming he was in default, removed him from the job and demanded that plaintiff perform the contract. Plaintiff then arranged for another well drilling contractor to complete the well. Defendants had agreed to...

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