BARR/NELSON, INC., Respondent,
v.
TONTO'S, INC., et al., Respondents,
Richard Larsen, et al., Respondents, and
TONTO'S, INC., et al., third party plaintiffs, Respondents,
v.
BALBOA INSURANCE COMPANY, et al., third party defendants, Appellants, and
BARR/NELSON, INC., third party plaintiff, Respondent,
v.
HOLLENBACK AND NELSON, INC., third party defendant, Respondent,
Key Plumbing and Heating, third party defendant, Respondent,
Volk Trucking and Excavation, Inc., third party defendant, Respondent,
Ko-Son Piping Company, Inc., third party defendant, Respondent,
Bituminous Roadways, Inc., third party defendant, Respondent.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
July 1, 1983.
July 1, 1983.
Attorney(s) appearing for the Case
Edward A. Towey, St. Paul, for appellants.
Bassford, Heckt, Lockhart & Mullin, Lynn G. Truesdell and Rebecca L. Moos, Minneapolis, for Barr/Nelson, Inc.
Plunkett, Schmitt & Plunkett and Hugh V. Plunkett III, Austin, for Tonto's, Inc., et al.
Leonard, Street & Deinard and Lowell J. Noteboom, Minneapolis, for Larsen, et al.
David Grant, Minneapolis, for Hollenback and Nelson, Inc., third party defendant.
Donald J. Fraley, Wayzata, for Key Plumbing and Heating, third party defendant.
A.H. Michals and Jerome R. Klukas, Minneapolis, for Volk Trucking and Excavation, Inc., third party defendant.
Malcolm D. MacGregor, Minneapolis, for Ko-Son Piping Co., Inc., third party defendant.
Howard A. Knutson, Burnsville, for Bituminous Roadways, Inc., third party defendant.
Heard, considered and decided by the court en banc.
Supreme Court of Minnesota.
TODD, Justice.
Tonto's Inc. contracted with Barr/Nelson for the construction of a restaurant. Balboa Insurance Company furnished payment and performance bonds. The owner declared Barr/Nelson in default and arranged for completion of the building. Litigation followed involving all interested parties including subcontractors. Tonto's settled the case with all parties, reserving only its alleged claims against Balboa, who did...
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