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ENGLISH VIL. PROP v. BOETTCHER & LIEURANCE CONSTR

No. 52,672

7 Kan. App. 2d 307 (1982)

640 P.2d 1282

ENGLISH VILLAGE PROPERTIES, INC., Appellee, v. BOETTCHER & LIEURANCE CONSTRUCTION CO., INC., A Kansas Corporation, and INSURANCE COMPANY OF NORTH AMERICA, A Pennsylvania Corporation, Appellants.

Court of Appeals of Kansas.

Petition for review denied April 14, 1982.

Attorney(s) appearing for the Case

Russell Shultz and Orval L. Fisher, of Shultz, Fisher, Monnat & Shultz, of Wichita, for appellants.

John P. Woolf, of Martin, Pringle, Fair, Davis & Oliver, of Wichita, for appellee.

Before ABBOTT, P.J., PARKS & MEYER, JJ.

MEYER, J.:

This appeal stems from a suit for breach of a construction contract.

English Village Properties, Inc. (appellee), a motel corporation, contracted with Boettcher & Lieurance Construction Co., Inc. (appellant construction company) to demolish an older part of the motel and to construct a new 16-unit building in its place. The contract recited a price of $167,940.00. A performance bond was executed with Insurance Company of North America (appellant...

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