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STATE EX REL. NICHOLS v. SAFECO INS. CO.

No. 5836.

671 P.2d 1151 (1983)

100 N.M. 440

STATE ex rel. Conley Lott NICHOLS Machinery Company and Conley Lott Nichols Machinery Company, a Corporation, Individually, Plaintiffs-Appellees and Cross-Appellants v. SAFECO INSURANCE COMPANY OF AMERICA and J.H. Ryan & Sons, Inc., Defendants-Appellants and Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 20, 1983.

Attorney(s) appearing for the Case

Robert C. Poole, Daymon B. Ely, Poole, Tinnin & Martin, P.C., Albuquerque, for defendant-appellant and cross-appellee, Safeco Ins. Co.

Michael E. Vigil, Marchiondo & Berry, P.A., Albuquerque, for defendants-appellants and cross-appellees J.H. Ryan & Sons, Inc.

Peter J. Adang, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for plaintiffs-appellees and cross-appellants.

OPINION

DONNELLY, Judge.

Conley Lott Nichols Machinery Company (Lessor) brought suit against J.H. Ryan & Sons, Inc. (Contractor) and Safeco Insurance Company of America (Surety) for alleged failure to pay amounts due under heavy equipment leases. The Surety was joined under its obligation on a payment bond pursuant to NMSA 1978, § 13-4-19. Lessor filed suit against Contractor alleging that Contractor owed rental payments of $234,750 for the last...

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